Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Telesocial Inc. v. Orange S.A.

United States District Court, N.D. California

March 27, 2017

TELESOCIAL INC., Plaintiff,
v.
ORANGE S.A., et al., Defendants.

          FINAL PRETRIAL ORDER

          JAMES DONATO United States District Judge

         This order summarizes the matters discussed at the final pretrial conference on March 24, 2017.

         I.SCHEDULE AND TIME LIMITS

         1. Jury trial is set for April 10, 2017, at 9:00 a.m. Trial days are Mondays, Tuesdays, Wednesdays and Thursdays. Fridays are dark.

         2. Each trial day runs from 9:00 a.m. to 2:30 p.m., with two 15- to 20-minute breaks. Counsel should be in the courtroom no later than 8:30 a.m. on each day in case the Court needs to address evidentiary issues or other matters outside the presence of the jury. The parties are reminded that the Court does not permit sidebars during trial.

         3. Each side will have 16 hours of trial time for their case. Each side will have an additional 45 minutes for opening statements, and one hour for closing arguments. The Court may extend the 16-hour-per-side limit if interpretation issues add a great deal of time to the taking of witness testimony.

         II. MOTIONS IN LIMINE

         1. Orange's MIL No. 1: DENIED. The Facebook demonstration is relevant to intent and motive for trade secret misappropriation, which is an intentional tort. References to the non-disclosure agreement or its alleged breach are excluded.

         2. Orange's MIL No. 3: DENIED PENDING PROOF AT TRIAL. The Court may allow the Le Drogo Simulation to come in as evidence of motive or intent if Telesocial lays a foundation that it was created close in time to the alleged trade secret misappropriation. If admitted, the Court will consider a limiting instruction to the jury to avoid potential confusion on damages.

         3. Telesocial's MIL No. 1: GRANTED IN PART. Stillerman may testify, but may not offer any legal opinions or conclusions.

         4. Telesocial's MIL No. 2: GRANTED. FRE 402/403.

         5. Telesocial's MIL No. 4: GRANTED IN PART. References to the Tucker lawsuit are excluded, but Tucker may testify about why and how much he invested in Telesocial. The request to exclude the $11-13 million purchase price figure was not opposed, and is granted on that basis.

         6. Telesocial's MIL No. 5: DENIED. Based on the parties' clarification of the record at the hearing, Telesocial was aware of Orange's patent, even if it had been disclosed in response to the “wrong” interrogatory in Telesocial's view.

         7. Telesocial's MIL No. 6: GRANTED IN PART. Evidence that was not disclosed to the other side during discovery will not be allowed at trial. But if evidence was disclosed, it may be proffered without regard to the form of the disclosure. If the parties require further guidance on the application of these principles to this motion, the Court will address it during trial.

         III. JURY INSTRUCTIONS / VOIR ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.