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Universal Green Solutions, LLC v. VII Pac Shores Investors, LLC

United States District Court, N.D. California, San Jose Division

June 9, 2014

UNIVERSAL GREEN SOLUTIONS, LLC, Plaintiff,
v.
VII PAC SHORES INVESTORS, LLC, Defendants. VII PAC SHORES INVESTORS, LLC, Cross-Complainant,
v.
CUSHMAN & WAKEFIELD OF CALIFORNIA, INC., Cross-Defendants.

ORDER FOLLOWING PRETRIAL CONFERENCE [Re: Docket Nos. 70-73, 77-88, 90, 92-99, 125, 129-131]

RONALD M. WHYTE, District Judge.

I. CASE MANAGEMENT MATTERS

At the pretrial conference, the parties waived their rights to a jury trial. See Dkt. No. 148, Pretrial Conference Transcript, at 6:13-19. The trial between Plaintiff Universal Green Solutions, LLC ("UGS"), and Defendant VII Pac Shores Investors, LLC ("Pac Shores") will be a bench trial. The court ordered the parties to file proposed findings of fact and conclusions of law no later than Thursday, June 12, 2014.

Next, the court would like to clarify its policy regarding time limits at trial. At the pretrial conference, the court set time limits of 15 hours per side, including opening statements but not closing arguments. Only the party's own examination of a witness counts against that party's time. For example, if UGS calls a witness and conducts direct examination for 3 hours and Pac Shores cross-examines the witness for 2 hours, UGS is charged with 3 hours of time and Pac Shores is charged with 2 hours of time.

II. EVIDENTIARY OBJECTIONS

The court makes the following rulings on the parties' evidentiary objections as brought in Dkt. Nos. 125, 129, 130, and 131.

Objections to Deposition Testimony of Matthew Burrows:

1. Overruled
2. Overruled
3. Overruled
4. Overruled
5. Overruled
6. Sustained
7. Sustained
8. Overruled
9. Overruled
10. Overruled
11. Sustained
12. Sustained
13. Sustained
14. Sustained
15. Sustained

Objections to Deposition Testimony of Buddy Zarbock:

1. Overruled
2. Sustained. However, the court will reconsider the objection if there is a question to which the designated portion of Mr. Zarbock's testimony relates, and if the full question and answer are included in the designated portion of Mr. Zarbock's deposition testimony.
3. Overruled
4. Overruled
5. Overruled
6. Sustained
7. Sustained

Objections to ...


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