Gordon v. Virtumundo Inc et al

Filing 116

MOTION to Exclude Testimony from Lately Disclosed Witnesses or to Compel Their Depositions by Defendants Virtumundo Inc, Adknowledge Inc, Scott Lynn. (Attachments: # 1 Proposed Order Excluding Witness Testimony or Compelling Their Depositions)Noting Date 3/30/2007.(Newman, Derek)

Gordon v. Virtumundo Inc et al

Doc. 116 Att. 1

Case 2:06-cv-00204-JCC

Document 116-2

Filed 03/15/2007

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THE HONORABLE JOHN C. COUGHENOUR

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE JAMES S. GORDON, Jr., a married individual, d/b/a `GORDONWORKS.COM'; OMNI INNOVATIONS, LLC., a Washington limited liability company, Plaintiffs, v. VIRTUMUNDO, INC, a Delaware corporation d/b/a ADNOWLEDGEMAIL.COM; ADKNOWLEDGE, INC., a Delaware corporation, d/b/a ADKNOWLEDGEMAIL.COM; SCOTT LYNN, an individual; and JOHN DOES, 1-X, Defendants. NO. CV06-0204JCC

ORDER [PROPOSED]

THIS MATTER has come before the Court on Defendants' motion to exclude testimony or compel Plaintiffs James S. Gordon, Jr. ("Gordon") and Omni Innovations, LLC ("Omni") (together, "Plaintiffs") to provide Defendants with an opportunity to depose the seven (7) new witnesses Plaintiffs disclosed in connection with Plaintiffs' Motion for Partial Summary Judgment (Dkt. #53). Having reviewed Defendants' motion, as well as supporting documents, and the submissions of Plaintiffs in opposition thereto, the Court hereby rules as follows:
ORDER (PROPOSED) - 1
NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP 505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]

Dockets.Justia.com

Case 2:06-cv-00204-JCC

Document 116-2

Filed 03/15/2007

Page 2 of 2

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The Court hereby GRANTS Defendants' Motion to Compel or Exclude. The Court hereby strikes the testimony from the summary judgment proceedings and excludes Anthony Potts, Bonnie Gordon, Emily Abbey, Jamila Gordon, Jay Gordon, Jonathan Gordon, and Russell Flye (collectively, the "Late-Disclosed Witnesses") from testifying at trial. In the alternative, within ten (10) days of the date this order is signed, Plaintiffs are ORDERED to provide Defendants' counsel with contact information and potential dates, places and times for depositions of each of the Late-Disclosed Witnesses. Plaintiffs are further ORDERED to use their best efforts to facilitate the attendance of all LateDisclosed Witnesses at their scheduled depositions.

DATED this _____ day of ____________________, 2007.

HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT JUDGE

ORDER (PROPOSED) - 2

NEWMAN & NEWMAN, ATTORNEYS AT LAW, LLP

505 Fifth Ave. S., Ste. 610 Seattle, Washington 98104 [phone]