The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
JOINT STIPULATION AND [PROPOSED] ORDER REGARDING TRIAL DISCLOSURES
Counter-Plaintiff Thomas Wilkins, Counter-Defendant General Electric Company and GE Wind Energy, LLC; and Intervenors Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. met and conferred regarding various filings and exchanges to take place prior to and during trial of the above-captioned matter. The parties hereby set forth their agreements in this regard:.
1. The parties anticipate that the deposition designations that they will seek to introduce into evidence may be narrower in scope than those filed and served on October 30 and November 1. Accordingly, the parties have agreed upon the following procedure:
No later than Noon Pacific Time, 2 days prior to the intended presentation of deposition testimony at trial on direct examination, the party intending to introduce the testimony shall disclose to the other parties the specific page(s) and line numbers to be presented at trial. Such designations shall be provided as highlighted texts in the transcripts as well as by means of numerals identifying pages and lines. To the extent Mr. Wilkins and Mitsubishi intend to present deposition testimony from the same transcript, they will provide to GE their highlighting on the same transcript. Any designations sought to be played or read in court shall be identified as such. The opposing party(ies) will provide specific counter-designations (i.e., pages and line numbers) and objections to any deposition testimony by 6:00 pm Pacific Time the day after receiving the designations (which will be 6:00 pm Pacific Time one day prior to the date the offering party intends to present the testimony), except that any counter-designations to be played as video must be identified by Noon Pacific time the day after receiving the designations. Such counter-designations shall be identified in the previously-marked transcripts in a different shade than the shades used for the original designations, and shall also be identified separately with specific page and line numbers. To the extent Mr. Wilkins and Mitsubishi intend to counter-designate testimony from the same transcript, they will provide to GE their highlighting on the same transcript. The offering party will provide any objections to counter-designations by 10:00 pm
Pacific Time the same day the counter-designations are provided (i.e., the day prior to the date the offering party intends to present the testimony). The offering party shall present to the Court at 8:30 am Pacific Time or earlier on the day following the completion of all designations and objections the full set of designations intended to be presented at trial (both in pleading form with specific page and line numbers and the full set of highlighted transcripts) and any remaining objections. On the first day of trial, the parties will inquire of the Court as to the procedures to be followed for the submission of designations and objections.
The parties will raise with the Court any outstanding objections to the deposition designations at 8:30 am Pacific Time the day the offering party intends to present the testimony, or at such time that the Court is willing to entertain discussion of the objections prior to the presentation of the deposition testimony at trial.
No later than 8:30 am the day prior to the day a witness is expected to be called live on direct examination, the offering party will identify that witness to the other parties.
No later than 8:00 pm Pacific Time the day before the day a witness is expected to be called live on direct examination, the offering party will disclose to the other parties the list of exhibits that are intended to be used on direct examination with that witness.
For good cause, a party may supplement its 8:00 pm exhibit list with exhibits it did not reasonably anticipate using with a witness by no later than one hour prior to the calling of the witness to the stand. With regard to exhibits that will be presented by deposition testimony, the offering party will provide a list of any such exhibits along with their initial designations at Noon Pacific Time, 2 days prior to the date the offering party intends to offer the testimony (see above). A list of exhibits that will be presented by deposition counter-designations or rebuttal designations will be provided at the same time as those designations (see above).
The parties will provide any remaining objections to any exhibits by 10:00 pm
Pacific Time the day prior to the day the offering party has indicated it intends to offer the exhibits. The parties will raise with the Court any outstanding objections to exhibits at 8:30 am Pacific Time the day the offering party intends to offer the exhibits, or at such time that the Court is willing to ...