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
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
                                                                              
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................................................

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

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