June 7, 2013
United States of America, Plaintiff,
Bazaarvoice, Inc., Defendant.
BORIS FELDMAN, DYLAN J. LIDDIARD, DOMINIQUE C. ALEPIN, WILSON SONSINI GOODRICH & ROSATI, Palo Alto, CA, Attorneys for Defendant, Bazaarvoice, Inc.
Peter K. Huston, Assistant Chief United States Department of Justice, Antitrust Division San Francisco, CA, Attorneys for Plaintiff United States of America.
STIPULATION AND [PROPOSED] ORDER REGARDING THE EXCHANGE OF PRELIMINARY AND FINAL WITNESS LISTS
EDWARD M. CHEN, District Judge.
WHEREAS, on February 14, 2013, the Court held an initial Case Management Conference ("CMC") at which time the parties, in an effort to focus and preserve discovery resources, agreed in principle to the exchange of preliminary witness list in advance of the close of fact discovery; and
WHEREAS, the Court requested that the parties meet and confer concerning the exchange of preliminary and final witness lists;
NOW THEREFORE, it is hereby stipulated and agreed between Plainbtiff and Defendant through their respective counsel listed below, subject to the approval of the Court, that:
1. On or before June 10, 2013 the parties shall exchange preliminary lists of fact witnesses that may be called live at trial, excluding experts ("Preliminary Witness List");
2. On or before June 28, 2013 the parties may supplement their Preliminary Witness Lists ("Supplemented Preliminary Witness List") by adding no more than ten (10) fact witnesses;
3. The parties shall exchange final trial witness lists ("Final Trial Witness List") on August 6, 2013;
4. Absent good cause, witnesses that did not appear on a party's Preliminary Witness List or Supplemented Preliminary Witness List shall be precluded from testifying live at trial; and
5. Notwithstanding the other limitations on discovery in this case, including the cutoff date for fact discovery, each party shall have the right to (1) seek documents from each witness (subject to the parties' April 4 discovery protocol agreement) who appears on the opposing party's Preliminary Witness List or Supplemented Preliminary Witness List, and (2) depose each witness for up to four (4) hours on the record, unless the party has previously deposed the witness in this litigation.
I, Dylan J. Liddiard, am the ECF user whose identification and password are being used to file the STIPULATION AND [PROPOSED] ORDER REGARDING THE EXCHANGE OF PRELIMINARY AND FINAL WITNESS LISTS. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Peter K. Huston has concurred in this filing.