PA Advisors, LLC v. Google Inc. et al

Filing 461

RESPONSE in Opposition re #419 MOTION in Limine filed by Google Inc., Yahoo! Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Doan, Jennifer)

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PA Advisors, LLC v. Google Inc. et al Doc. 461 Att. 3 EXHIBI T C Pre-Trial Conference Hearing 1 2 3 4 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION -----------------------------------PA ADVISORS, LLC, Plaintiff, 5 vs. . . C. A. No. 2:07-cv-480-DF GOOGLE, INC., et al., Defendants. g 9 ------------------ ----- ------------- : Washington, D.C. 10 Friday, January 29, 2010 11 12 PRETRIAL CONFERENCE BEFORE: 13 14 15 16 HONORABLE RANDALL R. RADER at U.S. Court of Appeals Federal Circuit, 717 Madison Place, N.W., Washington, D.C., before Erick M. 17 18 19 Thacker, RPR, of Capital Reporting Company, a Notary Public in and for the District of Columbia, beginning at 5:00 p.m., when were present on behalf of,the 20 respective parties: - 21 22 PA Advisors v. Google Page 1 Pre-Trial Conference Hearing 1 can get Your Honor that transcript. There were no 2 3 instructions not to answer with respect to questions on that document, none. There were only questions 4 5 about communications between an attorney and his client. HONORABLE RADER: Well, needless to say, 6 7 I'm a little troubled by this. MR. CANNON: Your Honor, you can see the 9 10 questioning at page 152 and 153. HONORABLE RADER: MR. CANNON: Yes, I do. 11 12 13 14 Mr. Pridham was trying to point you to where --- you asked where that occurs, and it occurs at 152 and 153. HONORABLE RADER: Okay. Well, I -- I'm not 15 inclined to issue sanctions at this point. I am inclined to make all of this available to impeachment 16 17 18 19 of witnesses and credibility at trial, if necessary. And I am going to keep this issue somewhat open. may -- if more information comes out, I may order some kind of an inquiry, and we can look further, but at this point, I'm making everything here available to both parties to use to.discuss-the relationship Page 120 I 20 21 22 PA Advisors v. Google Pre-Trial Conference Hearing between Mr. Spangenberg and Mr. Geller, and if at 2 3 trial, we learn something more, then I could always order a --- some kind of a further inquiry, if 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 necessary. I don't think there's a need for an adverse inference instruction at this point. I'm aware of the situation, and we'll entertain a motion to that effect if during the trial it becomes important, and I'll rule on it at that time. Any questions, Mt. Fenster? MR. FENSTER: No, Your Honor. Mr. Cannon? HONORABLE RADER: MR. CANNON: No, Your Honor. Mr. Rooklidge? No, Your Honor. All right. Have we HONORABLE RADER: MR. ROOKLIDGE: HONORABLE RADER: finished our business, gentlemen? 1$ 19 20 MR. FENSTER: Your Honor, we --- I wanted to raise one issue with the Court that I've raised with counsel regarding the scheduling of expert 21 22 depositions. HONORABLE RADER: Okay. Page. 121 PA Advisors v. Google

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