United States of America v. Spectrum Brands, Inc.

Filing 217

ORDER on the parties' objections to witnesses and exhibits. The court will review all expert narratives and written reports in advance of the civil penalty hearing on 2/21/2017. Experts need only appear in person if the other side wants to cross -examine them before the court. By 4:30 PM on 2/17/2017, both sides should indicate which opposing experts they want to appear in person. The parties shall also provide a final list of their witnesses who will appear in person to testif y. The court will hold a telephonic conference with the parties at 3:00 PM on Thursday, 2/16/2017, to address any part of this order or other housekeeping matters that remain. The parties shall provide to the court on the morning of the evidentiary hearing an electronic or hard copy of all exhibits that have been stipulated to or will be offered into evidence. Signed by District Judge William M. Conley on 2/15/2017. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

UNITED STATES OF AMERICA,

Plaintiff,

ORDER

v.
15-cv-371-wmc
SPECTRUM BRANDS, INC.,
Defendant.

The court in in receipt of the parties’ objections to witnesses and exhibits. In light
of those objections, the court rules as follows:
1. The court will review all expert narratives and written reports in advance of the
civil penalty hearing on Tuesday, February 21, 2017. Therefore, experts need only
appear in person if the other side wants to cross-examine them before the court.
Both sides should indicate which opposing experts they want to appear in person
by 4:30 p.m. on Friday, February 17, 2017. If either side has objections to an
expert’s opinions, including relevance, those can be argued to the court at the
close of evidence.
2. By 4:30 p.m. on Friday, February 17, the parties shall provide a final list of their
witnesses who will appear in person to testify. For any remaining witness whose
testimony will be proffered by a party through deposition testimony, rather than
appearing in-person, the proponent of that testimony shall provide a copy of that
witness’s deposition transcript marking in red portions of testimony designated by
the proponent, marking in blue counter-designations by the opponent, and

marking in yellow any testimony objected to by either side. (As long as consistent
and legible, either party may substitute the color coding suggested in this order
with a different marking scheme.) The inclusion, exclusion or inaccurate marking
of transcripts on which the court has already ruled, including hearsay, may result
in sanctions.
3. The court will hold a telephonic conference with the parties at 3:00 p.m.
tomorrow, February 16, to address any part of this order or other housekeeping
matters that may remain in advance of the February 21st hearing.

Plaintiff’s

counsel shall initiate that call.
4. The parties shall provide to the court on the morning of the evidentiary hearing an
electronic or hard copy of all exhibits that have been stipulated to or will be
offered into evidence.
Entered this 15th day of February, 2017.
BY THE COURT:
/s/
________________________________________
WILLIAM M. CONLEY
District Judge

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