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Message: ITC Joint Motion

JOINT MOTION TO AMEND PROCEDURAL SCHEDULE

REGARDING FILING AND SERVING SPECIFIC OBJECTIONS TO DIRECT

EXHIBITS AND REBUTTAL EXHIBITS AND RESPONSES THERETO

............(respondents, complainants & staff)

jointly move to

amend the procedural schedule set forth in Order No. 15 concerning the filing and serving

specific objections to direct exhibits and rebuttal exhibits and responses thereto.

As the current procedural schedule dates at issue in this motion start on May 10, 2013

(the filing of objections to direct exhibits) and May 22 (the filing of objections to rebuttal

exhibits), the parties respectfully request expedited treatment on this request so that the parties

and Staff can plan accordingly.

The parties are seeking to forgo filing and serving specific objections to direct exhibits

and rebuttal exhibits (and responses thereto) pursuant to the procedural schedule. Specifically,

the parties met and conferred to reduce the number of objections to direct exhibits and rebuttal

exhibits and to present for resolution outstanding objections thereto in the most meaningful

manner. In order to simplify the process, the parties have agreed that they are willing to forgo

filing and serving specific objections to direct exhibits and rebuttal exhibits (and responses

thereto).

The parties, however, maintain the right to raise any objection to the admissibility of any

exhibit in connection with a statement of high priority objections, a motion in limine or a request

for receipt of evidence without a sponsoring witness. Further, the parties have agreed that they

maintain the right to object to the admissibility of any direct exhibit or rebuttal exhibit at the

evidentiary hearing based on

(1) the purpose for which the document is offered;

(2) the lack of personal knowledge of the witness of the subject matter of the document,

including the lack of a sponsoring witness; or

(3) with respect to any witness, that the document is outside the scope of the witness'

permitted testimony.

The parties respectfully submit that this approach will help to minimize the number of

objections to exhibits, reduce the number of issues for this Court to rule upon, and streamline the

evidentiary hearing.

Accordingly, the parties propose forgoing filing and serving specific objections to direct

exhibits and rebuttal exhibits (and responses thereto) on the dates currently set forth in the

Procedural Schedule . None of the other dates in the Procedural Schedule will be affected by this

motion.

Dated: May 9, 2013 Respectfully submitted,

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