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Monday, January 23, 2006 2:33:14 PM
what is this poster's name here on ihub?
for some reason the ID "lolo" sticks in my mind
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You had to be there to hear Hynie
by: octavefiddler
Long-Term Sentiment: Strong Buy 01/23/06 02:08 pm
Msg: 879992 of 880011
Pleading with the court for some rules
about how to keep their pricefixing and document dstrction away from the ears of the jury.
At the last CMC, they had a written list of concerns, and then one they handled strictly orally.
They said that since the (bus's) unclean hands matter had been heard and ruled upon, there was no place in bringing hynie's bad behavior into the infringement trial, and that it might unfairly bias a jury (to know the facts of their behavior).
Stone allowed as how the simple breaking of rules by hynie would not be brought in simply by itself,
but that it might become relevant if hynie witnesses had bad memory and the documents had been purged.
So, there was a stalemate on this, but very clearly hynie's highest priority was keeping that stuff out of court and off the record; Thus the oral pleadings.
BTW, I don't think that the CMC conference transcript will become public without special effort by someone. But it is no less pivotal.
I think the IA is a 'hail-mary' shot,
and am betting the court declines it as without merit.
JMDO,
OF
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