`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`§
`§
`§
`§
`
`
`
`BLITZSAFE TEXAS, LLC
`
`v.
`
`HONDA MOTOR CO., LTD., ET AL.
`
`
`
`Case No. 2:15-CV-1274-JRG-RSP
`
`Pretrial Conference
`MAG. JUDGE ROY PAYNE PRESIDING
`January 11-12, 2017
`OPEN: 11:10 am ADJOURN: 4:40 pm
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`See attached
`
`See attached
`
`Clint South
`
`Shelly Holmes
`
`
`
`
`
`
`
`
`
`Becky Andrews
`
`ATTORNEYS FOR PLAINTIFF:
`
`
`
`
`
`ATTORNEY FOR DEFENDANTS:
`
`
`LAW CLERK:
`
`
`
`
`COURT REPORTER:
`
`COURTROOM DEPUTY:
`
`Court opened. Case called. Rudy Fink announced ready for plaintiff and introduced co-counsel.
`Deron Dacus announced ready on behalf of Volkswagen and introduced co-counsel. Allen
`Gardner announced ready on behalf of Nissan and introduced co-counsel. Randy Akin
`announced ready on behalf of Honda and introduced co-counsel. Brian Craft announced ready on
`behalf of Hyundai/Kia and introduced co-counsel. Thad Heartfield announced ready on behalf of
`Toyota and introduced co-counsel.
`
`Jury Selection will be February 6, 2017 at 9:00 a.m. before Judge Gilstrap. The Court informed
`the parties that there are several cases set on this docket. The parties informed the Court of
`several issues relating to a certain expert and a certain member of defendants’ counsel. The
`parties will be filing motions to continue the trial date.
`
`Paul Steadman argued Motion for Partial Summary Judgment on Noncompliance with Marking
`Requirements (Dkt. No. 201). Peter Lambrianakos responded for plaintiff. The Court took this
`motion under submission.
`
`Jeff Wyatt then argued Motion to Strike Portions of the Rebuttal Expert Report of Joseph C.
`McAlexander III (Dkt. No. 212). Peter Lambrianakos responded. Bill Mandir also argued for
`defendants. The Court granted the motion for the reasons orally assigned.
`
`
`
`
`Case 2:15-cv-01274-JRG-RSP Document 391 Filed 01/11/17 Page 2 of 3 PageID #: 29193
`
`After the lunch break, Michael Turner argued Volkswagen’s Motion to Exclude Certain
`Testimony Under Daubert and to Strike Certain Portions of the Reports of Joseph C.
`McAlexander III (Dkt. No. 237). Alfred Fabricant responded. The motion was denied.
`
`Bill Mandir argued Toyota’s Motion to Strike “Errata” to Expert Report of Joseph McAlexander
`on Infringement (Dkt. No. 253) and Toyota’s Motion to Strike Supplemental Expert Report (Dkt.
`No. 369). Peter Lambrianakos responded. The motions were denied.
`
`Raj Vinnakota moved to seal the transcript for this portion of the hearing. The Court took this
`request under advisement. Mr. Vinnakota then argued Nissan’s Motion to Strike New Expert
`Disclosures and Opposed Motion for Expedited Briefing (Dkt. No. 259). Shahar Harel
`responded.
`
`Albert Liou argued Honda’s Motion to Strike Blitzsafe’s New Infringement Theory (Dkt. No.
`252). The Court will take this motion up with the Motion for Summary Judgment briefing.
`
`The Court determined that the portion of the hearing that Mr. Vinnakota requested be sealed, did
`not have to be sealed. Mr. Vinnakota agreed.
`
`The parties then began argument on Defendants’ objections to Plaintiff’s Motions in Limine.
`Fred Fabricant argued for plaintiff. Paul Steadman and Joe Beauchamp argued for defendants.
`John Rabena also argued for Toyota. The Court made rulings.
`
`This pretrial conference will continue tomorrow morning at 9:00 a.m. in the historic courtroom in
`the Harrison County Historic Courthouse.
`
`Thursday, January 12, 2017
`9:00 a.m. – 12:45 p.m.
`Court Reporter – Melissa Bailey
`
`Court opened. The parties introduced themselves.
`
`The Court heard Plaintiff’s objections to Defendant, Volkswagen’s Motions in Limine. Alfred
`Fabricant argued for plaintiff. Deron Dacus responded for defendant. The Court made rulings.
`
`The Court then heard argument on objections to Defendant, Hyundai/Kia’s Motions in Limine.
`Paul Steadman argued for defendants. Alfred Fabricant argued for plaintiff. The Court made
`rulings.
`
`The parties then argued objections to Defendant, Nissan’s Motions in Limine. Sean Hsu, Raj
`Vinnakota and Glenn Janik argued for defendant. Alfred Fabricant argued for plaintiff. Shahar
`Harel also responded for plaintiff. The Court made rulings.
`
`After the morning break. Mr. Harel continued.
`
`
`
`
`Case 2:15-cv-01274-JRG-RSP Document 391 Filed 01/11/17 Page 3 of 3 PageID #: 29194
`
`The Court then heard objections to Defendant, Honda’s Motions in Limine. Joe Beauchamp and
`Robert Kantner argued for defendant. Alfred Fabricant argued for plaintiff. Sam Baxter also
`responded. The Court made rulings.
`
`The Court then heard objections to Defendant, Toyota’s Motions in Limine. John Rabena, Gil
`Gillam and Thad Heartfield argued for defendant. Peter Lambrianakos and Alfred Fabricant
`argued for plaintiff. The Court made rulings.
`
`The Court instructed the parties to confer with the courtroom deputy to get a date for each interim
`pretrial conference to cover exhibit objections.
`
`After the break, Bill Mandir argued Toyota’s Motion to Disqualify Counsel (Dkt. No. 143).
`Alfred Fabricant responded. The Court took this motion under advisement.
`
`Court adjourned.
`
`
`
`
`
`
`
`