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04/13/98 JURY TRIAL BEGINS (DAY 1) 04/13/98 Judge agreed to exclude evidence former BC employee disclosed confidential IBBI info. Judge denied motion to exclude "so called price discrimination." Judge denied motion to limit Robert E. Hall's testimony (pltfs economic expert witness.) Judge granted in part to exclude evidence relating only to boat and outboard sales. 04/13/98 Summary judgement granted on outboard engine market. It was dismissed and will not be considered. 04/20/98 Discuss relevance of "price cap protection." 04/20/98 BC objects to the introduction of evidence that the pltf expert economic witness (Dr. Hall) has been nominated for the Nobel Prize. BC also objects to comparison of their situation with ongoing Microsoft litigation. NOTE- kind of low blow, not to be able to say you've been nominated for the Nobel Prize. 04/20/98 BC objects to certain pltf exhibits. NOTE- Probably to most of them :) 04/21/98 Volvo (not directly involved in case) moves to preserve confidentiality of their documents. It was granted the next day. 04/22/98 John Russell turns up. NOTE - I wonder if anybody knows where John Reilly is? (BC's very short term CEO from 1993/1994? 04/27/98 Response by BC on certain evidence being "blacked out." NOTE- anybody remember the Nixon tapes? 04/29/98 Ruling on objection to John Charvat deposition designation. NOTE- He used to man the BC office in Tulsa. ******************** 05/04/98 Judge rules on objections to deposing James Hubbard (MM) 05/05/98 Judge rules on objections to deposing Jack Reichert (ex- Brunswick CEO) and Roger Patterson (ex-MM executive) ************* 05/06/98 to 05/13/98 Judge rules on objections to deposing several Mercury Marine executives: Mike Gyorog, Bob Gowens (past head of Mercruiser marketing dept), Barry Eller (Mercruiser plant manager), Kenneth Kaul, Peter Larson (CEO of BC), William McManaman, Raymond Agner, Sharon Littlefield, Patrick Manion. 05/13/98 BC moves for judgement as a matter of law. *************** 05/20/98 Ruling on objections to deposing Charlie Strang (Mr. Strang is on the right in this RBBI IMTEC97 photo). Mr. Strang is a major historical figure in the industry and worked for both Mercury and OMC. He was also the inventor of the stern drive. I had the opportunity to meet and visit with this fine gentleman at IMTEC 97. ***************** NEW 05/28/98 Both sides to submit briefs on "issue of function of jury in determining the relevant product in this case by 6/2. Each side also to supply a proposed verdict form. 06/05/98 Dr. Warren-Boulton's transfer pricing analysis 06/08/98 BC is in opposition to pltfs motion and proposed jury instruction regarding competitive practices of other firms. 06/08/98 BC trying to quash subpoena of Jack Reichert. 06/15/98 Several individual boat companies file motions for judgment as a matter of law. 06/15/98 BC files motion for judgement as a matter of law. 06/15/98 BC dismisses counterclaims against certain plaintiffs 06/16/98 BC wants to keep 4 topics from being raised in final arguements. 06/16/98 Jury received instructions from the court.
Docket as of April 30, 1998 7:05 pm Page 132
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4/13/98 1021 ORDER by Judge James M. Moody granting motion in limine to
exclude all evidence concerning The Mercury Marine MAP
System [838-1], granting motion in limine to exclude
evidence that former Brunswick employee disclosed
confidential independent boat builder info [840-1],
granting motion in limine re pltfs' confidential
information [850-1] denying motion in limine (dissemination
of confidential business information) [756-1] and denying
motion in limine to exclude evidence of so-called price
discrimination [844-1] (cc: all counsel) EOD 4/13/98 (kayp)
4/13/98 -- CLERK'S MINUTES: JURY TRIAL begins before Judge James M.
Moody. DAY 1. Ctrptr. Fant (sp)
4/13/98 1022 OBJECTIONS by pltfs to deft's supplement deposition
designations (kayp) [Entry date 04/14/98]
4/13/98 1023 ORDER by Judge James M. Moody denying motion for partial
summary judgment ruling that pltfs have properly defined
relevant marine engine markets in this case [689-1];
denying motion in limine to exclude evidence and testimony
concerning opinions and recommendations expressed by
McKinsey & Co [855-1]; denying motion in limine no. 1
granting motion in limine to exclude evidence or argument
relating to other antitrust litigation [830-1]; denying
motion in limine (inboard engines) [747-1]; denying in part
and granting in part motion limine to limit the testimony
of Robert E. Hall, pltfs' economics expert [859-1];
granting in part motion in limine to exclude from the jury
phase of the trial all evidence that relates only to pltfs'
claims concerning boats and outboard engines [824-1];
granting in part motion in limine no. 10 (use of pre-1990
info not produced to pltfs) [799-1]; granting motion in
limine no. 19 (use of info requested by pltfs but not
produced) [817-1]; granting in part motion in limine no. 13
(expert reliance on data received after date of last report
or offering opinions) [805-1]; granting motion in limine
no. 15 (pltfs' knowledge of damages) [809-1]; motion in
limine no. 20 (duplicative testimony) [819-1]; denying
motion in limine to preclude pltfs from confronting
witnesses with documents that those witnesses did not see
in the ordinary course of business [846-1]; conditionally
granting motion in limine no. 6 (collateral attack on
specific instances of conduct) [791-1]; and denying motion
in limine no. 9 as moot (post-lawsuit evidence) [797-1]
(cc: all counsel) (kayp) [Entry date 04/14/98]
4/13/98 1024 ORDER by Judge James M. Moody granting in part and denying
in part motion in limine no. 2 (business acumen) [783-1]
and granting in part and denying in part motion in limine
no. 4 (exclude passing on, pltfs' profitability and
antitrust injury) [787-1] (cc: all counsel) (kayp)
[Entry date 04/14/98]
Docket as of April 30, 1998 7:05 pm Page 133
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4/13/98 1025 ORDER by Judge James M. Moody ruling on remaining claims in
doc. nos. 669 and 666; finding that deft is entitled to
summary judgment on pltfs' claims for damages in the
outboard engine market and dismissing pltfs' claims for
damages in the outboard engine market (cc: all counsel)
(kayp) [Entry date 04/14/98]
4/14/98 1026 NOTICE by pltfs of filing memorandum of law regarding
admission of relevant evidence (kayp)
4/14/98 -- CLERK'S MINUTES: JURY trial continues. DAY 2. Ctrptr. Fant,
Merkel, Power. (sp) [Entry date 04/16/98]
4/15/98 1027 MEMORANDUM by plaintiffs regarding the relevance of
evidence relating to the rationale for the alleged
black-out (UNDER SEAL) (bt)
4/15/98 1028 COURT REPORTER'S TRANSCRIPT of Daubert hearing before Judge
James M. Moody on 4/9/98 (1 volume) UNDER SEAL (bt)
[Edit date 04/16/98]
4/15/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 3. Ctrptr. Fant,
Newbury, & Power (sp) [Entry date 04/16/98]
4/15/98 1029 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Richard Jordan, Thomas
Weight and Ned Campana; the court has marked in the "court
comments" sections on the designations either "o" for
overruled or "s" for sustained (cc: all counsel) (kayp)
[Entry date 04/17/98]
4/16/98 -- CLERK'S MINUTES: JURY trial continues. DAY 4. Ctrptr. Fant,
Newburg & Power (sp)
4/16/98 1030 BRIEF filed by pltfs n support of presenting certain
deposition testimony in separate installments by subject
matter (kayp) [Entry date 04/17/98]
4/17/98 1031 MOTION in limine no. 24 by pltfs (FILED UNDER SEAL) (kayp)
[Entry date 04/20/98]
4/17/98 1032 MEMORANDUM by pltfs in support of motion in limine no. 24
[1031-1] FILED UNDER SEAL (kayp) [Entry date 04/20/98]
4/17/98 -- CLERK'S MINUTES: HEARING on motions continues before Judge
James. M. Moody. Ctrptr. Newburg (sp) [Entry date 04/20/98]
4/17/98 1035 BRIEF by Brunswick Corp in response to pltfs' brief in
support of presenting certain deposition testimony in
separate installments by subject matter [1030-1] (kayp)
[Entry date 04/20/98]
4/20/98 1033 RESPONSE by pltfs to deft's response to pltfs' proposed
jury instruction 15A (FILED UNDER SEAL) (kayp)
Docket as of April 30, 1998 7:05 pm Page 134
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4/20/98 1034 CERTIFICATE OF SERVICE by pltfs of response to deft's
response to pltfs' proposed jury instruction 15A (kayp)
4/20/98 -- CLERK'S MINUTES: HEARING out of the presence of the jury to
resolve motions held before Judge James M. Moody. Ctrptr
Fant and Hinson (sp)
4/20/98 1036 MEMORANDUM by pltfs re jury questioning of witnesses (FILED
UNDER SEAL) (kayp) [Entry date 04/21/98]
4/20/98 1037 CERTIFICATE OF SERVICE by pltfs of memorandum re jury's
questioning of witnesses [1036-1] (kayp)
[Entry date 04/21/98]
4/20/98 1038 RESPONSE by pltfs to deft's response to pltfs' proposed
jury instruction 15A [1033-1] (FILED UNDER SEAL) (kayp)
[Entry date 04/21/98]
4/20/98 1039 MOTION by pltfs in limine no. 25 (FILED UNDER SEAL) (kayp)
[Entry date 04/21/98] [Edit date 04/21/98]
4/20/98 1040 MEMORANDUM by pltfs in support of motion in limine no. 25 re
the relevance of the price cap protections contained in
contracts between the parties [1039-1] (FILED UNDER SEAL)
(kayp) [Entry date 04/21/98] [Edit date 04/22/98]
4/20/98 1041 CERTIFICATE OF SERVICE by pltfs of motion in limine no. 25
and memorandum in support [1040-1] [1039-1] (kayp)
[Entry date 04/21/98]
4/20/98 1042 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 24 to reconsider the court's rulings with
respect to conduct in the outboard engine market [1031-1]
(kayp) [Entry date 04/21/98]
4/20/98 1043 OBJECTIONS by Brunswick Corp to the introduction of
evidence re Dr. Hall's nomination for the Nobel Prize for
Economics and comparisons of the allegations to those in
the Microsoft litigation (kayp) [Entry date 04/21/98]
4/20/98 1044 NOTICE by plaintiff of filing trial designations (kayp)
[Entry date 04/21/98]
4/20/98 1045 ORDER by Judge James M. Moody overruling deft's objections
to pltfs' exhibits 47, 56, 70 and 337; overruling deft's
objections to trial exhibits 64, 91 and 916; and sustained
deft's objections to exhibits 118 and 338 (cc: all counsel)
(kayp) [Entry date 04/21/98]
4/20/98 1046 ORDER by Judge James M. Moody granting permission to pltfs
to present certain deposition testimony in separate
installments by subject matter subject to pre-notification
requirements (cc: all counsel) (kayp) [Entry date 04/21/98]
Docket as of April 30, 1998 7:05 pm Page 135
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4/20/98 1047 ORDER by Judge James M. Moody denying motion for
reconsideration of court's order denying pltfs' motion for
summary judgment on Count I of Brunswick's counterclaim
[988-1]; denying motion in limine no. 3 (evidence related
to Brunswick's counterclaim) [785-1]; granting motion for
reconsideration of order denying Brunswick's motion for
partial summary judgment on pltfs' claims for damages
incurred before 12/7/91 [993-1]; denying motion in limine
to preclude pltfs from raising fraudulent concealment at
trial [836-1]; finding the motion in limine (treble damages
and attorneys' fees) moot [745-1]; and denying motion to
quash pltfs' trial subpoenas [1006-1] (cc: all counsel)
(kayp) [Entry date 04/21/98]
4/20/98 1048 MEMORANDUM OF LAW by pltfs regarding th use of otherwise
inadmissible documents upon which an expert properly relied
(kayp) [Entry date 04/22/98]
4/20/98 1049 OBJECTIONS by Brunswick Corp to pltfs' trial exhibits
identified in the depositions of Richard Ashley, Ranjan
Lal, and John Russell (kayp) [Entry date 04/22/98]
4/20/98 1050 NOTICE by Brunswick Corp of filing deposition designations
(kayp) [Entry date 04/22/98]
4/20/98 1051 OBJECTIONS by Brunswick Corp to pltfs' trial exhibits (kayp)
[Entry date 04/22/98]
4/21/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 5. Motion
hearing held after jury dismissed for day. Ctrptr. Fant,
Hinson, Power & Newburg (sp) [Entry date 04/22/98]
4/21/98 1052 ORDER by Judge James M. Moody ruling on the admissibility
of certain of pltfs' exhibits (cc: all counsel) (kayp)
[Entry date 04/22/98]
4/21/98 1053 MOTION of non-party Volvo Penta of the Americas to
preserve confidentiality of documents (kayp)
[Entry date 04/22/98]
4/21/98 1054 RESPONSE by Brunswick Corp to motion in limine no. 25
[1039-1] (kayp) [Entry date 04/22/98]
4/22/98 1055 ORDER by Judge James M. Moody granting Volvo Penta's motion
to preserve confidentiality of documents [1053-1] (cc: all
counsel) EOD 4/22/98 (kayp)
4/22/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 6. Ctrptr. Fant,
Hinson, Power & Newburg (sp) [Entry date 04/23/98]
4/22/98 1056 NOTICE by pltfs of filing trial designations of Richard
Ashley (kayp) [Entry date 04/23/98]
Docket as of April 30, 1998 7:05 pm Page 136
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4/22/98 1057 NOTICE by pltfs of filing trial designations of John
Russell (kayp) [Entry date 04/23/98]
4/22/98 1058 ORDER by Judge James M. Moody directing pltfs to submit any
supplemental materials re motion in limine no. 24 by 5:00
p.m. on 4/24/98; deft shall submit any response by 12:00
p.m. on 4/26/98; the court will entertain additional oral
argument at the end of trial day on 4/27/98 (cc: all
counsel) (kayp) [Entry date 04/23/98]
4/23/98 1059 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Richard Ashley (cc: all
counsel) EOD 4/23/98 (kayp)
4/23/98 1060 ORDER by Judge James M. Moody re pltfs' motion in limine
no. 25 regarding the relevance of the price cap protections
contained in the contracts between the parties (cc: all
counsel) EOD 4/23/98 (kayp)
4/23/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 7. Ctrptr. Fant,
Power, Newburg & Hinson (sp) [Entry date 04/24/98]
4/24/98 1061 SUPPLEMENTAL MEMORANDUM by pltfs in support of motion in
limine no. 24 [1031-1] FILED UNDER SEAL (kayp)
4/24/98 1062 CERTIFICATE OF SERVICE by pltfs of memorandum in support of
motion in limine no. 24 [1061-1] (kayp)
4/24/98 1063 MOTION by plaintiff in limine to exclude the testimony of
Stephen B. Humphries FILED UNDER SEAL (kayp)
4/24/98 1064 MEMORANDUM by pltfs in support of motion in limine to
exclude the testimony of Stephen B. Humphries [1063-1]
FILED UNDER SEAL (kayp)
4/27/98 1065 NOTICE by plaintiffs of filing trial designations of Jack
Reichert (jad)
4/27/98 1066 RESPONSE by defendant Brunswick Corp to plaintiffs
memorandum in support of plaintiffs motion in limine #24
[1032-1] (jad)
4/27/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 8. Ctrptrs.
Fant, Hinson, Newburg & Power (sp) [Entry date 04/28/98]
4/27/98 1067 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for John Russell (cc: all
counsel) (kayp) [Entry date 04/28/98]
4/27/98 1068 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Alan Revington (cc: all
counsel) (kayp) [Entry date 04/28/98]
Docket as of April 30, 1998 7:05 pm Page 137
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4/27/98 1069 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Dennis Holmes (cc: all
counsel) (kayp) [Entry date 04/28/98]
4/27/98 1070 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Thomas Herbert, Mark
Lusink, Glenn McMachen, Brian Olson, Leo Parks, Randolph
Rohrer and Ray Yannone (cc: all counsel) (kayp)
[Entry date 04/28/98]
4/27/98 1071 NOTICE by Brunswick Corp of filing deposition designations
for William Decker, et al (kayp) [Entry date 04/28/98]
4/27/98 1072 RESPONSE by Brunswick Corp to pltfs' memorandum re the
relevance of evidence relating to the rationale for their
black-out (kayp) [Entry date 04/28/98]
4/28/98 1073 ORDER by Judge James M. Moody pursuant to oral argument on
4/28/98 on deft's intention to introduce certain categories
of evidence (cc: all counsel) EOD 4/28/98 (kayp)
4/28/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 9. Ctrptrs.
Fant, Power & Newburg (sp) [Entry date 04/29/98]
4/29/98 1074 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for John Charvat (cc: all
counsel) EOD 4/29/98 (kayp)
4/29/98 1075 ORDER by Judge James M. Moody denying motion in limine no.
24 except for the limited use of outboard documents on the
issue of product market definition [1031-1] (cc: all
counsel) EOD 4/29/98 (kayp)
4/29/98 1076 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Edward Irons (cc: all
counsel) EOD 4/29/98 (kayp)
4/29/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 10. Ctrpts.
Fant, Hinson, Power (sp) [Entry date 04/30/98]
4/29/98 1077 RESPONSE by Brunswick Corp to pltfs' Exhibit IV (kayp)
[Entry date 04/30/98]
4/30/98 1078 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Clint Moore (cc: all
counsel) EOD 4/30/98 (kayp)
4/30/98 1079 MOTION by Brunswick Corp to reconsider allowing further
testimony of Dr. Robert E Hall and, in the alternative,
for discovery and other relief (kayp)
Docket as of April 30, 1998 7:05 pm Page 138
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4/30/98 1080 MEMORANDUM by Brunswick Corp in support of motion to
reconsider allowing further testimony of Dr. Robert E Hall
[1079-1] and in the alternative for discovery and other
relief [1079-2] (kayp)
4/30/98 -- CLERK'S MINUTES: JURY TRIAL CONTINUES. DAY 11. Ctrptrs.
Fant, Hinson & Newburg (sp)
[END OF DOCKET: 4:95cv781]
THIS UPDATE WAS ADDED MAY 5TH
Docket as of May 5, 1998 7:04 pm Page 138
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4/30/98 1080 MEMORANDUM by Brunswick Corp in support of motion to
reconsider allowing further testimony of Dr. Robert E Hall
[1079-1] and in the alternative for discovery and other
relief [1079-2] (kayp)
4/30/98 -- CLERK'S MINUTES: JURY TRIAL CONTINUES. DAY 11. Ctrptrs.
Fant, Hinson & Newburg (sp)
5/1/98 1081 ORDER by Judge James M. Moody denying motion to reconsider
allowing further testimony of Dr. Robert E Hall [1079-1] and
granting in part motion for discovery and other relief
[1079-2] (cc: all counsel) EOD 5/1/98 (kayp)
[Edit date 05/01/98]
5/1/98 1082 TRANSCRIPT (1 volume) of Daubert hearing (morning session)
before the Hon. James M. Moody on 4/10/98 (kayp)
[Entry date 05/04/98]
5/4/98 1083 ORDER by Judge James M. Moody ruling on the deposition
designations for Karl Kaukis (cc: all counsel) EOD 5/4/98
(kayp)
5/4/98 1084 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Alan Castrodale (cc: all
counsel) EOD 5/4/98 (kayp)
5/4/98 1085 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for James Hubbard (cc: all
counsel) EOD 5/4/98 (kayp)
5/4/98 1086 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for John Randolph (cc: all
counsel) EOD 5/4/98 (kayp)
5/4/98 1087 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Robert Steinway (cc: all
counsel) EOD 5/4/98 (kayp)
5/4/98 1088 ORDER by Judge James M. Moody ruling on the admissibility
of exhibits (cc: all counsel) EOD 5/4/98 (kayp)
5/4/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 12. Ctrptr. Fant
& Power (sp) [Entry date 05/05/98]
5/5/98 1089 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Jack Reichert (cc: all
counsel) EOD 5/5/98 (kayp)
5/5/98 1090 ORDER by Judge James M. Moody ruling on objections to the
deposition designations for Roger Patterson (cc: all
counsel) EOD 5/5/98 (kayp)
[END OF DOCKET: 4:95cv781]
THIS UPDATE WAS ADDED MAY 17TH
5/5/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 13. Ctrptr. Fant
and Power (sp) [Entry date 05/06/98]
Docket as of May 15, 1998 7:04 pm Page 139
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5/6/98 1091 RESPONSE by Brunswick Corp to motion in limine to exclude
the testimony of Stephen B. Humphries [1063-1] (kayp)
5/6/98 1092 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Michael Gyorog (cc: all
counsel) EOD 5/6/98 (kayp)
5/6/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 14. Ctprtr. Fant
and Newburg (sp) [Entry date 05/07/98]
5/7/98 -- CLERK'S MINUTES: JURY TRIAL CONTINUES. DAY 15. Ctrptr. Fant
& Merkel (sp)
5/8/98 1093 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Bob Gowens (cc: all
counsel) EOD 5/8/98 (kayp)
5/11/98 -- CLERK'S MINUTES: JURY trial continues. DAY 16. Ctrptrs.
Fant, Hinson & Power (sp)
5/11/98 1094 NOTICE by plaintiffs of filing trial designations of Peter
Larson (bt) [Entry date 05/12/98]
5/11/98 1095 ORDER by Judge James M. Moody the following portions of
pltfs' trial exhibit 949 should be redacted: FDL0040256,
FDL0040259, Part C on FDL0040262 and Part D.1. on
FDL0040264 (cc: all counsel) (bt) [Entry date 05/12/98]
5/11/98 1096 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Barry Eller (cc: all
counsel) (bt) [Entry date 05/12/98]
5/11/98 1097 ORDER by Judge James M. Moody upon request of deft to
reconsider certain ruling on the deposition designations
for Michael Gyorog, the court finds that the objections at
388:8 - 389:2; 393:16 - 394:4; and 303:3 - 305:20 should be
sustained (cc: all counsel) (bt) [Entry date 05/12/98]
5/11/98 1098 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Kenneth Kaul (cc: all
counsel) (bt) [Entry date 05/12/98]
Docket as of May 15, 1998 7:04 pm Page 140
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5/11/98 1099 ORDER by Judge James M. Moody the court has received
letters requesting reconsideration of certain rulings in
the court's May 4 order; the following is the court's
ruling: the court will not reconsider any of the rulings
based upon deft's objection of lack of sponsorship or
context; the court will not reconsider rulings based upon
deft's objection that some of the documents are outboard
related; re pltfs' exhibit 460, the court will only allow
pltfs to introduce those pages or portions of this document
which pltfs contend are relevant to product market; the
court will not change its rulings with respect to pltfs'
exhibits 239, 1323, 1184 and 1192; the court finds that
pltfs' exhibit 2364 is admissible (cc: all counsel) (bt)
[Entry date 05/12/98]
5/12/98 1100 RESPONSE by defendant Brunswick Corp to pltfs' exhibit VI -
discovery responses (bt)
5/12/98 -- CLERK'S MINUTES:JURY TRIAL continues. DAY 17. Ctrptr. Fant
& Power (sp)
5/12/98 1101 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Peter Larson (cc: all
counsel) (bm) [Entry date 05/13/98]
5/12/98 1102 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Thomas Dugall (cc: all
counsel) (bm) [Entry date 05/13/98]
5/12/98 1103 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for William McManaman (cc: all
counsel) (bm) [Entry date 05/13/98]
5/12/98 1104 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Raymond Agner (cc: all
counsel) (bm) [Entry date 05/13/98]
5/12/98 1105 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Sharon Littlefield (cc: all
counsel) (bm) [Entry date 05/13/98]
5/13/98 -- CLERK'S MINUTES: JURY TRIAL continues. DAY 18. Ctrptrs.
Fant, Power & Newburg (sp)
5/13/98 1106 RESPONSE by defendant to pltfs' exhibit VII - (regarding
pltfs' exhibit 235) (bt) [Entry date 05/14/98]
5/13/98 1107 MOTION by defendant for judgment as a matter of law (bt)
[Entry date 05/14/98]
5/13/98 1108 MEMORANDUM by defendant in support of motion for judgment
as a matter of law [1107-1] (UNDER SEAL) w/2 volumes of
exhibits (bt) [Entry date 05/14/98]
Docket as of May 15, 1998 7:04 pm Page 141
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5/13/98 1109 ORDER by Judge James M. Moody ruling on pltfs' trial
exhibit VI (cc: all counsel) (bt) [Entry date 05/14/98]
5/13/98 1110 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Patrick Manion (cc: all
counsel) (bt) [Entry date 05/14/98]
5/14/98 -- CLERK'S MINUTES: HEARING on motions before Judge James M.
Moody. Ctrptr. Fant (sp)
5/15/98 1111 AMENDED MOTION by defendant for judgment as a matter of
law (bt)
5/15/98 1112 SUPPLEMETNAL MEMORANDUM by defendant in support of motion
for judgment as a matter of law [1111-1] (bt)
[END OF DOCKET: 4:95cv781]
THIS UPDATE WAS ADDED MAY 27TH
5/15/98 1113 SUPPLEMENTAL MEMORANDUM by plaintiffs in support of motion
in limine to exclude testimony of Stephen B. Humphries (bt)
[Entry date 05/18/98]
5/15/98 -- CLERK'S MINUTES: Hearing on motion held before Judge Moody.
(Ct. Rep. -- Genie Power) (mh) [Entry date 05/19/98]
[Edit date 05/21/98]
5/18/98 1114 RESPONSE by defendant to court's oral request (bt)
5/18/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. 20th day. (Ct. Rep's. -- A.M. - Elaine Hinson;
P.M. - Genie Power, Pegge Merkel) (mh) [Entry date 05/21/98]
5/19/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 21. (Ct. Rep's. -- A.M. - Christa Newberg;
P.M. - Pegge Merkel, Genie Power) (mh) [Entry date 05/21/98]
5/20/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 22. (Ct. Rep's. - A.M. - Pegge Merkel; P.M.
Christa Newberg, Elaine Hinson) (mh) [Entry date 05/21/98]
5/20/98 1115 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for John Winn (cc: all counsel)
(bt) [Entry date 05/21/98]
5/20/98 1116 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Charles Strang (cc: all
counsel) (bt) [Entry date 05/21/98]
5/20/98 1117 ORDER by Judge James M. Moody granting motion in limine to
exclude the testimony of Stephen B. Humphries [1063-1] (cc:
all counsel) (bt) [Entry date 05/21/98]
5/21/98 1118 MEMORANDUM by plaintiffs in opposition to motion for
judgment as a matter of law [1107-1] UNDER SEAL (bt)
[Edit date 05/22/98]
THIS UPDATE WAS ADDED JUNE 21st
Docket as of June 18, 1998 7:02 pm Page 142
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5/21/98 1119 SEPARATE MEMORANDUM IN RESPONSE by plaintiffs to amended
motion for judgment as a matter of law [1111-1] UNDER SEAL
(bt) [Edit date 05/22/98]
5/21/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 23. (Ct. Rep's. - AM - Genie Power, PM - Elaine
Hinson, Christa Newberg) (mh) [Entry date 05/26/98]
5/26/98 1120 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Leo Parks (cc: all counsel)
(kayp) [Entry date 05/27/98]
5/26/98 1121 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Harry Christensen (cc: all
counsel) (kayp) [Entry date 05/27/98]
5/26/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 24. (AM Ct. Rep's. - Christa Newberg, Pegge
Merkel; PM Ct. Rep's. - Christa Newberg, Pegge Merkel) (mh)
[Entry date 06/03/98]
5/27/98 1122 MOTION by Brunswick Corp to quash pltfs' trial subpoena
(kayp) [Entry date 05/28/98]
5/27/98 1123 BRIEF by Brunswick Corp in support of motion to quash
pltfs' trial subpoena [1122-1] (kayp) [Entry date 05/28/98]
5/27/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 25. (AM Ct. Rep. - Pegge Merkel; PM Ct. Rep's.
- Genie Power, Christa Newberg) (mh) [Entry date 06/03/98]
5/28/98 1124 ORDER by Judge James M. Moody directing parties to submit
simultaneous briefs on the issue of the function of the
jury in determining the relevant product market in this
case by 5:00 p.m. on 6/2/98, as well as proposed verdict
forms (cc: all counsel) EOD 5/28/98 (kayp)
5/28/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 26. (AM Ct. Rep. - Christa Newberg; PM Ct.
Rep's. - Genie Power, Pegge Merkel) (mh)
[Entry date 06/03/98]
6/1/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 27. (AM Ct. Rep's. - Pegge Merkel, Elaine
Hinson; PM Ct. Rep's. - Elaine Hinson, Pegge Merkel) (mh)
[Entry date 06/03/98]
6/2/98 1125 BRIEF filed by pltfs in response to court's order of 5/27/98
re product market (FILED UNDER SEAL) (kayp)
[Edit date 06/02/98]
6/2/98 1126 MEMORANDUM OF LAW filed by pltfs re the proper definition of
monopoly power (FILED UNDER SEAL) (kayp)
[Edit date 06/02/98]
Docket as of June 18, 1998 7:02 pm Page 143
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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6/2/98 1127 MEMORANDUM filed by deft Brunswick Corp in response to
court's 5/27/98 order on relevant product market
instructions (kayp)
6/2/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 28. (AM Ct. Rep's. - Elaine Hinson, Pegge
Merkel; PM Ct. Rep's. Pegge Merkel, Elaine Hinson) (mh)
[Entry date 06/03/98]
6/2/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 28. (AM Ct. Rep's. -- Elaine Hinson, Pegge
Merkel; PM Ct. Rep's. -- Pegge Merkel, Elaine Hinson) (mh)
[Entry date 06/14/98]
6/5/98 1128 MOTION by pltfs in limine (Dr. Warren-Boulton's transfer
pricing analysis) FILED UNDER SEAL (kayp)
[Entry date 06/08/98]
6/5/98 1129 MEMORANDUM by pltfs in support of motion in limine [1128-1]
FILED UNDER SEAL (kayp) [Entry date 06/08/98]
6/5/98 1130 AFFIDAVIT of K. Craig Wildfang re motion in limine [1128-1]
FILED UNDER SEAL (kayp) [Entry date 06/08/98]
6/5/98 1131 CERTIFICATE OF SERVICE by pltfs of motion in limine
[1128-1], memorandum in support [1129-1] and affidavit of
service [1130-1] (kayp) [Entry date 06/08/98]
6/8/98 1132 MOTION by pltfs in limine re trial testimony of Charles
Venus (kayp)
6/8/98 1133 MEMORANDUM by pltfs in support of motion in limine [1132-1]
(kayp)
6/8/98 1134 MOTION by pltfs in limine (Dr Rapp's subject matters)
FILED UNDER SEAL (kayp)
6/8/98 1135 MEMORANDUM by pltfs in support of motion in limine (Dr.
Rapp's subject matters) [1134-1] (FILED UNDER SEAL) (kayp)
6/8/98 1136 AFFIDAVIT of K. Craig Wildfang regarding motion in limine
(Dr. Rapp's subject matters) [1134-1] (FILED UNDER SEAL)
(kayp)
6/8/98 1137 CERTIFICATE OF SERVICE by pltfs of motion in limine
[1134-1], memorandum in support [1135-1] and affidavit
[1136-1] (kayp)
6/8/98 1138 OBJECTIONS by Brunswick Corp to pltfs' recently proposed
jury instructions for Brunswick's Section 1 Counterclaim
(FILED UNDER SEAL) (kayp)
Docket as of June 18, 1998 7:02 pm Page 144
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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6/8/98 1139 RESPONSE by Brunswick Corp to pltfs' memorandum responding
to the court's 5/27/98 order re product market [1124-1]
(kayp)
6/8/98 1140 MEMORANDUM by Brunswick Corp in opposition to pltfs' motion
and proposed jury instruction re competitive practices of
other firms (kayp)
6/8/98 1141 MEMORANDUM by pltfs in opposition to motion to quash pltfs'
trial subpoena [1122-1] (kayp)
6/8/98 1142 RESPONSE by Brunswick Corp to pltfs' memorandum of law re
the proper definition of monopoly power [1126-1] (kayp)
6/8/98 1143 MOTION by Brunswick Corp to quash pltfs' trial subpoena
served upon Jack Reichert (kayp)
6/8/98 1144 NOTICE by Brunswick Corp of filing Exhibit A (kayp)
[Edit date 06/08/98]
6/8/98 1145 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Joe Anders (cc: all
counsel) EOD 6/8/98 (kayp)
6/8/98 1146 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Robert Lovelace (cc: all
counsel) EOD 6/8/98 (kayp)
6/8/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 29. (AM Ct. Rep's. - Christa Newberg, Elaine
Hinson; PM Ct. Rep's. - Pegge Merkel, Elaine Hinson) (mh)
[Entry date 06/14/98]
6/9/98 1147 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for Roger Harmon (cc: all
counsel) EOD 6/9/98 (kayp)
6/9/98 1148 ORDER by Judge James M. Moody ruling on the ojections to
the deposition designations for Noel Pooler (cc: all
counsel) EOD 6/9/98 (kayp)
6/9/98 -- CLERK'S MINUTES: Jury Trial resumed before Judge James M.
Moody. Day 30. (AM Ct. Rep. - Genie Power; PM Ct. Rep's.
- Elaine Hinson, Pegge Merkel) (mh) [Entry date 06/14/98]
6/10/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 31. (AM Ct. Rep. - Christa Newberg; PM Ct.
Rep's. - Genie Power, Elaine Hinson) (mh)
[Entry date 06/14/98]
6/11/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 32. (AM Ct. Rep. - Pegge Merkel; PM Ct. Rep's.
- Christa Newberg, Genie Power) (mh) [Entry date 06/14/98]
Docket as of June 18, 1998 7:02 pm Page 145
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
6/12/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody (out of the presence of the jury for motions &
instruction arguments). Day 33. (PM Ct. Rpt's. - Genie
Power, Christa Newberg) (mh) [Entry date 06/14/98]
6/15/98 1149 MOTION by pltfs KCS International and G W Invader for
judgment as a matter of law on deft's counterclaim FILED
UNDER SEAL (kayp) [Edit date 06/15/98]
6/15/98 1150 MEMORANDUM by G W Invader and KCS International in support
of motion for judgment as a matter of law on deft's
counterclaim [1149-1] FILED UNDER SEAL (kayp)
6/15/98 1151 MOTION by pltfs for judgment as a matter of law re the
court's 6/9/98 drft jury instruction no. 89 FILED UNDER
SEAL (kayp)
6/15/98 1152 MEMORANDUM by pltfs in support of motion for judgment as a
matter of law re the court's 6/9/98 drft jury instruction
no. 89 [1151-1] FILED UNDER SEAL (kayp)
6/15/98 1153 MOTION by G W Invader for judgment as a matter of law
FILED UNDER SEAL (kayp)
6/15/98 1154 MOTION by KCS International for judgment as matter of law
FILED UNDER SEAL (kayp)
6/15/98 1155 MOTION by Independent Boat for judgment as a matter of law
FILED UNDER SEAL (kayp)
6/15/98 1156 MOTION by Concord Boat Corp for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1157 MOTION by Galaxie Boat Works for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1158 MOTION by Sea Arrow Marine Inc for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1159 MOTION by Mariah Boats Inc for judgment as a matter of law
FILED UNDER SEAL (kayp)
6/15/98 1160 MOTION by Harris Kayot Inc for judgment as a matter of law
FILED UNDER SEAL (kayp)
6/15/98 1161 MOTION by Armada Manufacturing for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1162 MOTION by Baha Cruisers/FRP for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1163 MOTION by Campion Marine Inc for judgment as a matter of
law FILED UNDER SEAL (kayp)
Docket as of June 18, 1998 7:02 pm Page 146
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
6/15/98 1164 MOTION by Caravelle Boats Inc for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1165 MOTION by Mirage Holdings Inc for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1166 MOTION by Play Time Mfg for judgment as a matter of law
FILED UNDER SEAL (kayp)
6/15/98 1167 MOTION by Powerquest Boats Inc for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1168 MOTION by Silverton Marine for judgment as a matter of law
FILED UNDER SEAL (kayp)
6/15/98 1169 MOTION by Thompson Marine for judgment as a matter of law
FILED UNDER SEAL (kayp)
6/15/98 1170 MOTION by Vanguard Industries for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1171 MOTION by Albemarle Boats Inc for judgment as a matter of
law FILED UNDER SEAL (kayp)
6/15/98 1172 MEMORANDUM by Independent Boat and The Stern Drive pltfs in
support of motion for summary judgment as a matter of law
[1171-1] [1170-1] [1169-1] [1168-1] [1167-1] [1166-1]
[1165-1] [1164-1] [1163-1] [1162-1] [1161-1] [1160-1]
[1159-1] [1158-1] [1157-1] [1156-1] [1155-1][1154-1]
[1153-1] FILED UNDER SEAL (kayp)
6/15/98 1173 MOTION by Brunswick Corp for judgment as a matter of law
following Brunswick's case FILED UNDER SEAL (kayp)
6/15/98 1174 MEMORANDUM by Brunswick Corp in support of motion for
judgment as a matter of law following Brunswick's case
[1173-1] FILED UNDER SEAL (kayp)
6/15/98 1175 RESPONSE by Brunswick Corp to motion for judgment as a
matter of law on Count I of deft's counterclaim [1149-1]
FILED UNDER SEAL (kayp)
6/15/98 1176 MOTION by Brunswick Corp for judgment as a matter of law
on Count I of its Counterclaim FILED UNDER SEAL (kayp)
6/15/98 1177 MEMORANDUM by Brunswick Corp in support of motion for
judgment as a matter of law on Count I of its Counterclaim
[1176-1] FILED UNDER SEAL (kayp)
6/15/98 1178 NOTICE by pltfs of filing motion in limine (FILED UNDER
SEAL) (kayp)
Docket as of June 18, 1998 7:02 pm Page 147
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
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6/15/98 1179 MOTION by pltfs in limine to preclude deft from arguing in
closing that each pltf was obligated to testify; and using
in closing Dr. Rapp's demonstrative exhibits FILED UNDER
SEAL (kayp)
6/15/98 1180 CERTIFICATE OF SERVICE by pltfs of motion in limine to
preclude deft from arguing in closing that each pltf was
obligated to testify; and using in closing Dr. Rapp's
demonstrative exhibits [1178-1] [1179-1] FILED UNDER SEAL
(kayp) [Edit date 06/18/98]
6/15/98 1181 RESPONSE by Brunswick Corp to motion for judgment as a
matter of law on deft's counterclaim [1149-1] (kayp)
6/15/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 34. (AM Ct. Rpt's. - Pegge Merkel, Elaine
Hinson; PM Ct. Rpt. - Genie Power) (mh)
[Entry date 06/16/98]
6/16/98 1182 MOTION by deft Brunswick Corp to dismiss counterclaim
against certain pltfs (kayp)
6/16/98 1183 MOTION by Brunswick Corp in limine to preclude pltfs from
raising four subjects during closing argument FILED UNDER
SEAL (kayp)
6/16/98 1184 ORDER by Judge James M. Moody ruling on the objections to
the deposition designations for James Viestenz (cc: all
counsel) EOD 6/16/98 (kayp)
6/16/98 1185 MEMORANDUM by Brunswick Corp in opposition to motion in
limine to preclude deft from arguing in closing that each
pltf was obligated to testify; and using in closing Dr.
Rapp's demonstrative exhibits [1179-1] FILED UNDER SEAL
(kayp)
6/16/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 35. (AM Ct. Rpt's. - Genie Power, Elaine
Hinson; PM Ct. Rpt. - Pegge Merkel) (mh)
6/16/98 1186 Jury instructions proffered by Plaintiffs'Counsel and
refused by Court. (mh) [Entry date 06/18/98]
6/16/98 1187 Jury instructions proffered by Defendant's Counsel and
refused by Court. (mh) [Entry date 06/18/98]
6/16/98 1188 Jury instructions given to the jury by the court. (mh)
[Entry date 06/18/98]
6/17/98 -- CLERK'S MINUTES: JURY TRIAL resumed before Judge James M.
Moody. Day 36. (Ct. Rpt's. - Genie Power, Christa
Newberg) (mh) [Entry date 06/18/98]
[END OF DOCKET: 4:95cv781]
Docket as of June 18, 1998 7:02 pm Page 148
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