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Enron Mail |
Ruling was as follows: if a witness appears on P's witness list AND was
deposed in the California cases and is within the "control" of a defendant (only Barth at most, for us), then plaintiff and that defendant meet and confer to determine whether that witness will appear live in P's case or in D's case with cross-examination NOT limited to direct examination in either instance (unless defendant agrees to produce the witness twice, in which case ordinary rules apply.) If a defendant claims that a witness is not within its control, the court will look very skeptically on any effort by that defendant to produce that witness later in its own case. Hennigan tried to make the ruling include McConville and Glanville, but I beat him back on that. Also, defendants do NOT have to identify their own witnesses until all parties do so simultaneously. Hennigan tried to make the defense go first but judge wouldn't buy it. I suggested that the Final Status Conference be moved from 7/9 to 7/23 (since summary judgment motions won't be heard til 7/17.). Judge Berle seemed to have some inclination to do this but said to raise the subject on 6/21, when the motion to continue the trial is heard. Steve <<< "wcp@quinnemanuel.com" 06/05/01 10:27AM <<< A very promising response. Steve, what happened with at the ex parte hearings? <<< <showard@agsk.com< 06/05/01 10:21AM <<< see below ................................................ ALSCHULER GROSSMAN STEIN & KAHAN LLP ATTORNEYS AT LAW www.agsk.com 2049 Century Park East Thirty-Ninth Floor Los Angeles, CA 90067-3213 Tel 310-277-1226 Fax 310-552-6077 This transmission is intended only for the use of the addressee and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately via e-mail at postmaster@agsk.com or by telephone at 310-277-1226. Thank you. ............................................... ................................................ ALSCHULER GROSSMAN STEIN & KAHAN LLP ATTORNEYS AT LAW www.agsk.com 2049 Century Park East Thirty-Ninth Floor Los Angeles, CA 90067-3213 Tel 310-277-1226 Fax 310-552-6077 This transmission is intended only for the use of the addressee and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately via e-mail at postmaster@agsk.com or by telephone at 310-277-1226. Thank you. ...............................................
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