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)

PA Advisors, LLC v. Google Inc. et al

Doc. 461 Att. 3

EXHIBI T C

Dockets.Justia.com

Pre-Trial Conference Hearing

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION -----------------------------------PA ADVISORS, LLC,

Plaintiff,

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vs.

. .

C. A. No. 2:07-cv-480-DF

GOOGLE, INC., et al.,

Defendants.

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------------------ ----- ------------- :
Washington, D.C.

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Friday, January 29, 2010

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PRETRIAL CONFERENCE BEFORE:

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HONORABLE RANDALL R. RADER
at U.S. Court of Appeals Federal Circuit, 717 Madison Place, N.W., Washington, D.C., before Erick M.

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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

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respective parties:

-

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PA Advisors v. Google Page 1

Pre-Trial Conference Hearing 1 can get Your Honor that transcript. There were no

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instructions not to answer with respect to questions on that document, none. There were only questions

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about communications between an attorney and his client.
HONORABLE RADER: Well, needless to say,

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I'm a little troubled by this.

MR. CANNON:

Your Honor, you can see the

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questioning at page 152 and 153.
HONORABLE RADER: MR. CANNON: Yes, I do.

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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

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inclined to issue sanctions at this point. I am inclined to make all of this available to impeachment

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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
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PA Advisors v. Google

Pre-Trial Conference Hearing

between Mr. Spangenberg and Mr. Geller, and if at
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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?

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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

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depositions.
HONORABLE RADER: Okay.
Page. 121

PA Advisors v. Google