Nuance Communications, Inc. v. International Business Machines Corporation

Filing 225

ORDER: AND NOW, this 13th day of February, 2020, it is hereby ORDERED that all the parties' objections to exhibits on the basis of relevance, foundation, and completeness are OVERRULED without prejudice. Objections to exhibits on the basis of hearsay will be decided when the exhibits are moved into evidence at trial. AND IT IS SO ORDERED. (Signed by Judge Eduardo C Robreno on 2/13/2020) (jca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
Nuance Communications, Inc.,
Plaintiff
v.
International Business
Machines Corporation,
Defendant.

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CIVIL ACTION
NO. 16-5173

ORDER

AND NOW, this 13th day of February, 2020, it is hereby
ORDERED that all the parties’ objections to exhibits on the
basis of relevance, foundation, and completeness are OVERRULED
without prejudice. 1 Objections to exhibits on the basis of
hearsay will be decided when the exhibits are moved into
evidence at trial.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

1

Because this is a bench trial, and the Court will not use any evidence that
is irrelevant, lacks foundation, or is incomplete as a basis for its findings
of fact, it is appropriate to allow the exhibits to come into evidence
subject to a motion to strike. See Bic Corp. v. Far E. Source Corp., 23 F.
App'x 36, 39 (2d Cir. 2001) (“Further, the admission of evidence in a bench
trial is rarely ground for reversal, for the trial judge is presumed to be
able to exclude improper inferences from his or her own decisional
analysis.”).