362 Text

Reply New Message

Prev Message Back To Forum Threaded View Next Message

Moo

Rank: President [?]

Points: 16126 [?]

Votes: 83 Score: 3.4 [?]

Your Vote:

Please Log In to Vote

Did you know? You can earn activity points by filling your profile with information about yourself (what city you live in, your favorite team, blogs etc.)

362 Text

posted on Apr 29, 2009 07:02PM

DURHAM JONES & PINEGAR

David W. Tufts (8736)

Erin T. Middleton (10666)

Ian S. Davis (11190)

Michael S. Malmborg (11274)

111 E. Broadway, Suite 900

Salt Lake City, Utah 84111

(801) 415-3000

(801) 415-3500 fax

dtufts@djplaw.com

Attorneys for digEcor, Inc.

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF UTAH, CENTRAL DIVISION

DIGECOR, INC., a Washington corporation,

DigEcor

vs.

E.DIGITAL CORPORATION, a Delaware corporation; et al.WILLIAM BLAKELEY; FRED FALK; and DOES 1 to 20, individuals;

Defendants.

DIGECOR’S OBJECTIONS TO DEFENDANTS’ SUPPLEMENTAL RULE 26(a)(3) PRE-TRIAL DISCLOSURES

Case No. 02:06-CV-00437 TS

Judge Clark Waddoups

Pursuant to Rule 26(a)(3) of the Federal Rules of Civil Procedure and the Stipulated Motion for Revised Scheduling order submitted by the parties, digEcor, Inc. submits these objections to e.Digital’s Supplemental Rule 26(a)(3) Pre-Trial Disclosures.

I. digEcor’s Objections to Witnesses e.Digital Expects to Call at Trial

1. digEcor objects to e.Digital’s designation of Fred Falk and William Blakeley to the extent e.Digital anticipates relying on Mr. Falk or Mr. Blakeley to present expert testimony. digEcor does not have any objections to Mr. Falk or Mr. Blakeley offering testimony as fact witnesses. Neither Mr. Falk nor Mr. Blakeley has been designated to give expert testimony on any subject.

2. digEcor objects to the designation of Scott Hampton to the extent he cannot satisfy the Daubert requirements or the requirements for expert witnesses under the Federal Rules of Evidence. digEcor’s objections will be detailed in its Daubert motions filed at the appropriate time under the Scheduling Order.

II. digEcor’s Objections to Witnesses that e.Digital May Call at the Trial

1. digEcor objects to the designation of Kevin Bostenero to the extent e.Digital seeks to use Mr. Bostenero as an expert witness. Mr. Bostenero has not been designated to give expert testimony on any subject.

III. digEcor’s Objections to Witnesses Whose Testimony e.Digital Expects to Present by Deposition

1. digEcor objects to the use of the transcripts of digEcor’s 30(b)(6) deposition and e.Digital’s 30(b)(6) deposition on the grounds that e.Digital has not identified the specific portions of the transcripts it intends to present. digEcor therefore is unable to state its objections to e.Digital’s use of specific portions of these transcripts, and digEcor is unable to prepare rebuttal thereto under Rule 32 without knowing what portions of transcript testimony e.Digital intends to introduce.

SLC_361040.1 2

2. digEcor objects to e.Digital’s use of any video of digEcor’s 30(b)(6) deposition on the grounds that e.Digital has not disclosed that it intends to rely on the video and because it has not disclosed which portions of the videos it intends to present at trial.

IV. digEcor’s Objections to Witnesses Whose Testimony e.Digital May Present by Deposition

1. digEcor objects to the use of the transcripts of the depositions of Web Barth, Ken Clark, Philip Maddalosso, Ray Henson, Atul Anandpura, and Steve Ferguson, or any other witness on the grounds that e.Digital has not identified the specific portions of the transcripts it intends to present. digEcor therefore is unable to state its objections to e.Digital’s use of the specific portions of these transcripts, and digEcor is unable to prepare rebuttal thereto under Rule 32 without knowing what portions of transcript testimony e.Digital intends to introduce.

2. digEcor objects to e.Digital’s use of the video of any deposition it may introduce at trial on the grounds that e.Digital has not disclosed that it intends to rely on the video and because it has not disclosed which portions of the videos it intends to present at trial.

3. digEcor objects to the use of the transcripts of the depositions of Web Barth, Ken Clark, and Philip Maddalosso on the grounds that these individuals were not identifies in e.Digital’s Initial Disclosures.

I. digEcor’s Objections to Exhibits that e.Digital Expects to Introduce at Trial

EXHIBITS THAT E.DIGITAL EXPECTS TO INTRODUCE AT THE TRIAL OF THIS MATTER ON THESE ISSUES	OBJECTION
1. October 22, 2002 Agreement, Deposition Exhibit 27.
2. DRM Agreement, Deposition Exhibit 29.

SLC_361040.1 3 EXHIBITS THAT E.DIGITAL EXPECTS TO INTRODUCE AT OBJECTION THE TRIAL OF THIS MATTER ON THESE ISSUES

3. October 14, 2005 digEcor Purchase Order CJ5LY9RCW.
4. October 31, 2005 digEcor Purchase Order CJ5LY9RCW, EDIGITAL058175.
5. e.Digital Purchase Order 13050, EDIGITAL000011.
6. May 3, 2005 Email Thread: Fred Falk and Brent Wood, DIGECOR005432.	Hearsay, lack of foundation
7. June 13, 2005 Email: Fred Falk and Chris Wood, DIGECOR005612.	Hearsay, lack of foundation
8. May 17, 2005 Email Thread: Brent Wood, Chris Wood, Fred Falk, EDIGITAL024157, et. seq.	Hearsay, lack of foundation
9. July 18, 2005 Email: Fred Falk to Chris Wood, EDIGITAL018521.	Hearsay, lack of foundation
10. November 7, 2005 Design Specification, DIGECOR030705, et. seq.
11. November 11, 2005 Wencor/digEcor Meeting Notes, DIGECOR030991.
12. November 14, 2005 Email: Fred Falk to Chris Wood, et. al., Deposition Exhibit	Hearsay, lack of foundation
13. November 17, 2005 Email Thread: Fred Falk and Chris Wood, EDIGITAL059342.	Hearsay, lack of foundation
14. November 23, 2005 Email: Fred Falk to Chris Wood, Deposition Exhibit 116.	Hearsay, lack of foundation
15. December 1, 2005 Email: Fred Falk to Chris Wood, EDIGITAL000024.	Hearsay, lack of foundation
16. December 2, 2005 Email Thread: Fred Falk and Richard Kim, EDIGITAL000025, et seq.	Hearsay, lack of foundation

SLC_361040.1 4 EXHIBITS THAT E.DIGITAL EXPECTS TO INTRODUCE AT OBJECTION THE TRIAL OF THIS MATTER ON THESE ISSUES

17. December 5, 2005 Email Thread: Fred Falk and Chris Wood, EDIGITAL059343, et seq.	Hearsay, lack of foundation
18. December 7, 2005. Email: Fred Falk to Chris Wood, EDIGITAL041651.	Hearsay, lack of foundation
19. December 7, 2005 Email Thread: Fred Falk and Richard Kim, EDIGITAL000034, et. seq.	Hearsay, lack of foundation
20. December 20, 2005 Email Thread: Fred Falk, Chris Wood, Rita Tews, Deposition Exhibit 117	Hearsay, lack of foundation
21. December 20, 2005 Email Thread: Fred Falk and Chris Wood, Deposition Exhibit 118	Hearsay, lack of foundation
22. December 20, 2005 Email Thread: Fred Falk, Chris Wood, Brent Wood, Deposition Exhibit 119.	Hearsay, lack of foundation
23. December 29, 2005 Email: Brent Wood to Chris Wood, Deposition Exhibit 120.	Hearsay, lack of foundation
24. January 8, 2006 Email: S.W. Bae to Fred Falk, EDIGITAL000046, et. seq.	Hearsay, lack of foundation
25. January 9, 2006 Email: S.R. Lee to Chris Wood, Deposition Exhibit 121.	Hearsay, lack of foundation
26. January 9, 2006 Email Thread: Fred Falk and Brent Wood, DIGECOR003596, et.	Hearsay, lack of foundation
27. January 10, 2006 Email Thread: Fred Falk and S.W. Bae, EDIGITAL059346, et. seq.	Hearsay, lack of foundation
28. February 22, 2006 Email: Josh Lemon to Ms. Chemisky, Deposition Exhibit 124.	Hearsay, lack of foundation
29. February 22, 2006 Email Thread: Josh Lemon, Brent Wood, and Fred Falk, Deposition Exhibit 123.	Hearsay, lack of foundation
30. February 23, 2006 Email Thread: Fred Falk and Chris Wood, Deposition Exhibit 125.	Hearsay, lack of foundation

SLC_361040.1 5 EXHIBITS THAT E.DIGITAL EXPECTS TO INTRODUCE AT OBJECTION THE TRIAL OF THIS MATTER ON THESE ISSUES

31. February 23, 2006 Email: Josh Lemon to S. W. Bae, Deposition Exhibit 126.	Hearsay, lack of foundation
32. Letter from Will Blakeley to Greg Beeston, Deposition Exhibit 127.	Hearsay, lack of foundation
33. March 1, 2006 Letter Agreement, attached as Exhibit 5 to e.Digital's Reply in Support of Summary Judgment.	Hearsay, lack of foundation
34. March 2, 2006 Email: Brent Wood to Fred Falk, DIGECOR054944.	Hearsay, lack of foundation
35. March 2, 2006 Email: Fred Falk to S.W. Bae, EDIGITAL000081.	Hearsay, lack of foundation
36. March 3, 2006 Email Thread: Fred Falk, Brent Wood, and S.W. Bae, EDIGITAL000087, et. seq.	Hearsay, lack of foundation
37. March 9, 2006 Email: Brent Wood to Fred Falk, DIGECOR003 813.	Hearsay, lack of foundation
38. March 9, 2006 Email: Fred Falk to Brent Wood, DIGECOR003 814, et. seq.	Hearsay, lack of foundation
39. March 14, 2006 Email: Fred Falk to S.W. Bae, EDIGITAL000133, et. seq.	Hearsay, lack of foundation
40. March 15, 2006 Email Thread: Fred Falk, S.W. Bae, Brent Wood, Deposition Exhibit 129.	Hearsay, lack of foundation
41. March 22, 2006 Email: Brent Wood to Fred Falk, Robert Putnam, et. al, DIGECOR054941.	Hearsay, lack of foundation
42. March 28, 2006 Email: Brent Wood to Fred Falk, et. al., EDIGITAL057903.	Hearsay, lack of foundation
43. March 31, 2006 Email: Will Blakely to Brent Wood, DIGECOR055636-39.	Hearsay, lack of foundation
44. April 4, 2006 Email: Will Blakeley to Brent Wood, DIGECOR055627.	Hearsay, lack of foundation

SLC_361040.1 6 EXHIBITS THAT E.DIGITAL EXPECTS TO INTRODUCE AT OBJECTION THE TRIAL OF THIS MATTER ON THESE ISSUES

45. April 5, 2006 digEcor Press Release, attached to e.Digital's Mem. Opp. digEcor's Mot. for Summ. Judg. As Exhibit 34.	Authenticity, hearsay, lack of foundation
46. April 14, 2006 Letter: Will Blakeley to Brent Wood, Deposition Exhibit 301.	Hearsay, lack of foundation
47. April 25, 2006 Email: Will Blakeley to Brent Wood, DIGECOR055582, et. seq.	Hearsay, lack of foundation
48. May 1, 2006 Email Thread: Fred Falk and Iain Ritchie, EDIGITAL063605, et. seq.	Hearsay, lack of foundation
49. June 14, 2006 Letter: Rick Hoggard to Dave Tufts, DIGECOR003992.	Hearsay, lack of foundation, inadmissibility under F.R.E. 408
50. June 28, 2006 Email Thread: Chris Wood and Robert Caldwell, DIGECOR004002¬03..	Hearsay, lack of foundation
51. July 6, 2006 Email: Dave Tufts to Rick Hoggard, DIGECOR055564-65.	Hearsay, lack of foundation, inadmissibility under F.R.E. 408
52. July 28, 2006 Letter: Rick Hoggard to Dave Tufts, DIGECOR004034.	Hearsay, lack of foundation
53. January 19, 2007 Memorandum Decision and Order, Doc. # 65.
54. February 27, 2008 Email Thread: Will Blakeley and Mike Bergman, attached to the October 9, 2008 Declaration of William Blakeley as Exhibit E.	Hearsay, lack of foundation
55. March 15 Meeting Notes, DIGECOR033974, et. seq.
56. Jetstar RFP, EDIGITAL036412, et. seq.	Hearsay, lack of foundation
57. June 25, 2006 Email Thread: Chris Wood, Greg Beeston, Brent Wood, et. al., Deposition Exhibit 480.	Hearsay, lack of foundation

SLC_361040.1 7 EXHIBITS THAT E.DIGITAL EXPECTS TO INTRODUCE AT OBJECTION THE TRIAL OF THIS MATTER ON THESE ISSUES

58. Expert Reports and supplementations of Scott Hampton.	Hearsay, lack of foundation, does not satisfy the Daubert requirements for expert witnesses under the Federal Rules of Evidence.
59. Expert Report and supplementation of Tony Wechselberger.	Hearsay, lack of foundation, does not satisfy the Daubert requirements for expert witnesses under the Federal Rules of Evidence.

VI. digEcor’s Objections to Exhibits that e.Digital may Introduce at Trial

EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE TRIAL OF THIS MATTER ON THESE ISSUES	OBJECTION
1. Non-Disclosure Agreement, Deposition Exhibit 28.	Authenticity, hearsay, lack of foundation
2. VADA Concept Memorandum, Deposition Exhibit 23.	Hearsay, lack of foundation
3. APS/Wencor Stock Purchase Agreement, Deposition Exhibit 172.
4. November 4, 2004 Email Thread: Fred Falk, Brent Wood, Deposition Exhibit 99.	Hearsay, lack of foundation
5. November 4, 2004 Email Thread: Fred Falk, Brent Wood, Chris Wood, Deposition Exhibit 100.	Hearsay, lack of foundation
6. October 31, 2005 Email: Chris Wood to Fred Falk, DIGECOR006614.	Hearsay, lack of foundation
7. January 22, 2005 Email: Fred Falk to Brent Wood, Deposition Exhibit 104	Hearsay, lack of foundation
8. March 14, 2005 Email Thread: Fred Falk and Brent Wood, Deposition Exhibit 105.	Hearsay, lack of foundation
9. April 12, 2005 Email Thread: Fred Falk, Brent Wood, et. al., Deposition Exhibit	Hearsay, lack of foundation

SLC_361040.1 8 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

10. April 12, 2005 Email: Brent Wood to Fred Falk, Deposition Exhibit 107	Hearsay, lack of foundation
11. October 13, 2005 digEcor Press Release, EDIGITAL058106, et. seq.	Hearsay, lack of foundation
12. October 17, 2005 Email Thread: Fred Falk and Chris Wood, Deposition Exhibit	Hearsay, lack of foundation
13. October 17, 2005 Email Thread: Fred Falk, Brent Wood, et. al., DIGECOR006450.	Hearsay, lack of foundation
14. October 19, 2005 Email Thread: Fred Falk and Chris Wood, Deposition Exhibit 113	Hearsay, lack of foundation
15. November 11, 2005 Email: Chris Wood to Fred Falk, stating "You should be receiving a signed copy of the agreement today and a new PO."	This designation is not sufficiently detailed. Plaintiff reserves all objections.
16. November 12, 2005 Maycom Proforma, attached to e.Digital's Mem. Opp. digEcor's Mot. for Summ. Judg., as Exhibit 57.	Hearsay, lack of foundation
17. November 14, 2005 Email Thread: Fred Falk and S.W. Bae, EDIGITAL000012, et. seq.	Hearsay, lack of foundation
18. December 5, 2005 Email Thread: Fred Falk and Chris Wood, EDIGITAL000029.	Hearsay, lack of foundation
19. December 9, 2005 Email Thread: Fred Falk and Richard Kim, EDIGITAL000036.	Hearsay, lack of foundation
20. December 26, 2005 Email: Richard Kim to Fred Falk, EDIGITAL059345, et. seq.	Hearsay, lack of foundation
21. January 7, 2006 Email: Chris Wood to S. R. Lee, DIGECOR003592.	Hearsay, lack of foundation
22. January 9, 2006 Email Thread: S. W. Bae and Fred Falk, EDIGITAL000046.	Hearsay, lack of foundation

SLC_361040.1 9 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

23. January 10, 2006 Email Thread: Brent Wood and S.W. Bae, DIGECOR003618.	Hearsay, lack of foundation
24. January 12, 2006 Email Thread: Fred Falk and Chris Wood, DIGECOR003625 et. seq.	Hearsay, lack of foundation
25. January 13, 2006 Email Thread: Fred Falk and Chris Wood, Deposition Exhibit 101, and attached spreadsheet.	Hearsay, lack of foundation
26. January 25, 2006 Email Thread: Fred Falk and Richard Kim, Deposition Exhibit 122:	Hearsay, lack of foundation
27. January-February Email Thread: Fred Falk and Chris Wood, DIGECOR001162 et.	Hearsay, lack of foundation
28. February 2, 2006 Email Thread: Fred Falk and K.T. Lee,	This designation is not sufficiently detailed. Plaintiff reserves all objections.
29. February 3, 2006 Email Thread: Fred Falk and Chris Wood, DIGECOR003698, et. seq.	Hearsay, lack of foundation
30. February 8, 2006 Email Thread: Josh Lemon and Chris Wood, DIGECOR003713.	Hearsay, lack of foundation
31. February 11, 2006 Lufthansa Request for Proposal, attached to the October 9, 2008 Declaration of William Blakeley as Exhibit D.	Authenticity, hearsay, lack of foundation
32. February 14, 2006 Email Thread: Steve Hurst, Fred Falk, and S.W. Bae, DIGECOR003735.	Hearsay, lack of foundation
33. February 24, 2006 Email: Brent Wood to Julian Levin, Deposition Exhibit 478.	Hearsay, lack of foundation
34. March 2, 2006 Email Thread: Fred Falk and Brent Wood, DIGECOR055049.	Hearsay, lack of foundation
35. Letter from Eric Vernon to Will Blakeley, Deposition Exhibit 128.	Hearsay, lack of foundation

SLC_361040.1 10 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

36. March 3, 2006 Email Thread: Fred Falk, S.W. Bae, Chris Wood, EDIGITAL000112, et. seq.	Hearsay, lack of foundation
37. March 3, 2006 Email Thread: Fred Falk and Chris Wood, EDIGITAL000106, et.	Hearsay, lack of foundation
38. March 3, 2006 Email Thread: Fred Falk and Chris Wood, EDIGITAL069963, et.	Hearsay, lack of foundation
39. March 13, 2006 Letter: William Blakeley to Greg Beeston, attached to digEcor's Memorandum in Opposition to Summary Judgment, as Exhibit 32.	Authenticity, hearsay, lack of foundation
40. March 15, 2006 Email Thread: Fred Falk and Chris Wood, Deposition Exhibit 130.	Hearsay, lack of foundation
41. March 16, 2006 Email Thread: Fred Falk and Chris Wood, DIGECOR6148, et. seq.	Hearsay, lack of foundation
42. March 16, 2006 Email Thread: Fred Falk and Chris Wood, DIGECOR003836, et.	Hearsay, lack of foundation
43. March 17, 2006 Email Thread: Chris Wood and S.R. Lee, DIGECOR003851, et. seq.	Hearsay, lack of foundation
44. March 24, 2006 Email Thread: Brent Wood and Will Blakeley, DIGECOR006144, et. seq.	Hearsay, lack of foundation
45. April 3, 2006 Email: Brent Wood to Fred Falk, et. al., DIGECOR055594.	Hearsay, lack of foundation
46. digEcor Inspection Photos, EDIGITAL070960-75.	Hearsay, lack of foundation
47. April 5, 2006 Email: Brent Wood to Will Blakeley, et. al., DIGECOR003925-26.	Hearsay, lack of foundation
48. April 14, 2006 Letter: Will Blakeley to Brent Wood, Deposition Exhibit 302.	Hearsay, lack of foundation

SLC_361040.1 11 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

49. May 1, 2006 Jetstar Request for Proposal, EDIGITAL065476, et. seq.	Hearsay, lack of foundation
50. May 4, 2007 Email: Amir Hirani to Brent Wood et. al., Deposition Exhibit 256.	Hearsay, lack of foundation
51. June 26, 2007 Letter: Bruce Buchanan to Brent Wood, Deposition Exhibit 483.
52. July 7, 2006 Email: Ilona Ushinsky to Brent Wood, Deposition Exhibit 482.	Hearsay, lack of foundation
53. July 18, 2007 Email Thread: Amir Hirani and Chris Wood, Deposition Exhibit 257.	Hearsay, lack of foundation
54. August 16, 2006 Email: William Blakeley to Kent Craver, EDIGITAL068467, et. seq.	Hearsay, lack of foundation
55. September 1, 2006 Email: Will Blakeley to Simon Gunson, EDIGITAL068653, et. seq.	Hearsay, lack of foundation
56. October 10, 2006 Letter: Dave Tufts to Rick Hoggard, attached to e.Digital's Mem. Opp. digEcor’s Mot. For Summ. Judg. As Exhibit 93.	Hearsay, lack of foundation, inadmissibility under F.R.E. 408
57. October 11, 2006 Letter: Rick Hoggard to Dave Tufts, attached to e.Digital's Mem. Opp. digEcor's Mot. for Summ. Judg., as Exhibit 94.	Hearsay, lack of foundation, inadmissibility under F.R.E. 408
58. October 20, 2006 Letter: Brent Wood to Will Blakeley, Deposition Exhibit 321.	Hearsay, lack of foundation
59. October 3, 2006 Email Thread: Fred Falk and Tullia Ialongo, EDIGITAL047207, et. seq.	Hearsay, lack of foundation
60. December 6, 2006 Air France Call for Tender, EDIGITAL034716, et. seq.	Hearsay, lack of foundation
61. December 7, 2006 Email: Tom Lang to Steven Hurst, DIGECOR044245-47.	Hearsay, lack of foundation

SLC_361040.1 12 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

62. December 11, 2006 Email Thread: Paola Magliuolo, Karen Woolley, et. al.,, DIGECOR001414, et seq.	Hearsay, lack of foundation
63. February 8, 2007 Email: Brent Wood to Tullia Ialongo, DIGECOR006891.	Hearsay, lack of foundation
64. Frost & Sullivan Study: "Market Sizing and Dynamics, World Semi-Embedded and Portable IFE Market," attached to the Report of Derk Rasmussen.	Authenticity, hearsay, lack of foundation
65. Malaysia Airlines Technical Specification Document, EDIGITAL040146, et. seq.	Hearsay, lack of foundation
66. October 6, 2005 digEcor Press Release, DIGECOR166708, et. seq.	Hearsay, lack of foundation
67. Table regarding Jetstar, EDIGITAL036834-36.	Hearsay, lack of foundation
68. Pricing Data Table, EDIGITAL040512, et. seq.	Hearsay, lack of foundation
69. Jetstar Pricing Summary, C&S EDIG000015.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
70. APS 2004 P&L, C&S EDIG000016.	Hearsay, lack of foundation
71. October 21, 2005 Email Thread: Fred Falk Chris Wood, et. al., DIGECOR006576, et. seq.	Hearsay, lack of foundation
72. October 31, 2005 Email: Chris Wood to Fred Falk, DIGECOR006614.	Hearsay, lack of foundation
73. May 5, 2006 Email Thread: Fred Falk, Brent Wood, et. al., DIGECOR003972, et. seq.	Hearsay, lack of foundation
74. April 26, 2006 Email Thread: Chris Wood, S. R. Lee, DIGECOR003945, et. seq.	Hearsay, lack of foundation

SLC_361040.1 13 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

75. August 28, 2006 Letter: David Tufts to Rick Hoggard.	Hearsay, lack of foundation, inadmissibility under F.R.E. 408
76. October 12, 2006 Letter: David Tufts to Rick Hoggard.	Hearsay, lack of foundation, inadmissibility under F.R.E. 408
77. October 3, 2007 Email Thread: Mike Cherriman, Fred Falk, et. al., EDIGITAL048074, et. seq.	Hearsay, lack of foundation
78. October 12, 2005 Email Thread: Fred Falk, Brent Wood, Chris Wood, et. al., EDIGITAL000001, et. seq.	Hearsay, lack of foundation
79. September 2, 2006 digEcor Press Release, DIGECOR004051-52.	Hearsay, lack of foundation
80. April 7, 2006 Letter: Eric E. Vernon to William Blakeley, Deposition Exhibit 132.	Hearsay, lack of foundation
81. March 25, 2006 Email: Brent Wood to William Blakeley, et. al., DIGECOR055640.	Hearsay, lack of foundation
82. October 23, 2002 e.Digital Press Release, Deposition Exhibit 80.	Hearsay, lack of foundation
83. May 31, 2005 Email Thread: Chris Wood, Richard Kim, Fred Falk, et. al., Deposition Exhibit 109.	Hearsay, lack of foundation
84. July 11, 2003 Email: Peter Parsons to Fred Falk, et. al., Deposition Exhibit 165, and attachment.	Hearsay, lack of foundation
85. July 12, 2006 Email Thread: Brent Wood, Don McKillop, Claire Jay, et. al., Deposition Exhibit 479.	Hearsay, lack of foundation
86. October 10, 2005 Email Thread: Fred Falk, Brent Wood, et. al., DIGECOR006340, et. seq.	Hearsay, lack of foundation

SLC_361040.1 14 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

87. March 20, 2006 Email Thread: Don McKillop, Brent Wood, et. al., DIGECOR056049, et. seq.	Hearsay, lack of foundation
88. April 14, 2006 e.Digital Press Release, DIGECOR003151, et. seq. 89. Jetstar Request for Proposal, EDIGITAL036412, et. seq.	Hearsay, lack of foundation
89. Jetstar Request for Proposal, EDIGITAL036412, et. seq.	Hearsay, lack of foundation
90. Lufthansa Hardware Purchase Agreement, EDIGITAL038532, et. seq.
91. Estimation of the Fair Value of Certain Intangible Assets of Aircraft Protective Systems as of October 22, 2004, April 8, 2005 (Roger Smith)
92. Fair Value Analysis as of December 31, 2005, August 2, 2006 (Roger Smith).
93. Fair Value Analysis as of December 31, 2006, May 21, 2007 (Roger Smith).
94. e.Digital Multi-Level Deterministic Encryption, Rev. 1.2, 7/3/2006.
95. January 19, 2007 Memorandum Decision and Order, Docket No. 65.
96. An eVU player.
97. A digEplayer 5500.
98. e.Digital's Objections, Answers and Responses to Plaintiffs First Set of Interrogatories and Requests for Production of Documents & Certificate of Service.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
99. Plaintiff's Responses to Defendant's First Set of Interrogatories and Requests for Production of Documents to Plaintiff	This designation is not sufficiently detailed. Plaintiff reserves all objections.

SLC_361040.1 15 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

100. Plaintiffs Responses to Defendant's Second Set of Interrogatories and Requests for Production of Documents to Plaintiff.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
101. Plaintiffs Responses to Defendant's Third Set of Requests for Production of Documents.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
102. e.Digital's Supplemental Responses to Plaintiff's First Set of Interrogatories.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
103. Response to Plaintiffs Second Set of Requests for Production of Documents & Things.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
104. Plaintiffs Responses to e.Digital's Fourth Set of Requests for Production of Documents and Things to digEcor Corporation.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
105. Defendant's Response to Plaintiffs Interrogatories and Requests for Production of Documents to Fred Falk.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
106. Defendant's Response to Plaintiffs Interrogatories and Requests for Production of Documents to William Blakeley.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
107. Defendants' Second Set of Supplemental Responses to digEcor's First Set of Interrogatories & Requests for Production.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
108. Response to Plaintiffs Third Set of Discovery Requests to e.Digital Corporation.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
109. digEcor's Supplemental Discovery Responses.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
110. digEcor's Responses to e.Digital 2nd Set of Interrogatories, Requests for Production of Documents, and Requests for Admission to Plaintiff.	This designation is not sufficiently detailed. Plaintiff reserves all objections.

SLC_361040.1 16 EXHIBITS THAT E.DIGITAL MAY INTRODUCE AT THE OBJECTION TRIAL OF THIS MATTER ON THESE ISSUES

111. eVU Overview Document, EDIGITAL066591, et. seq.	Hearsay, lack of foundation
112. February 11, 2009 digEcor Press Release.	Authenticity, hearsay, lack of foundation
113. February 10, 2009 digEcor Press Release	Authenticity, hearsay, lack of foundation
114. August 1, 2003 Email: Fred Falk and Julie Florida, EDIGITAL028624.	Hearsay, lack of foundation
115. August 15, 2003 Email: Fred Falk and Julie Florida, EDIGITAL026736, et. seq.	Hearsay, lack of foundation
116. 2006 Roger Smith Fair Value Analysis.
117. 2007 Roger Smith Fair Value Analysis.
118. All documents attached to any declaration or summary judgment memorandum in this case, or used as exhibits to any deposition in this case.2	This designation is not sufficiently detailed. Plaintiff reserves all objections.
119. All press releases by any party involving the digEplayer 5500, the eVU, the medeviewer, or the digEplayer XT.	This designation is not sufficiently detailed. Plaintiff reserves all objections.
120. All exhibits identified or used by digEcor.	This designation is not sufficiently detailed. Plaintiff reserves all objections.

DATED this 29th day of April, 2009.

DURHAM JONES & PINEGAR

/s/ David W. Tufts

David W. Tufts

Erin T. Middleton

Ian S. Davis

Michael S. Malmborg

Attorneys for Plaintiff

SLC_361040.1 17

CERTIFICATE OF SERVICE

I hereby certify that on this 29th day of April, 2009, I caused a copy of DIGECOR’S OBJECTIONS TO DEFENDANTS’ SUPPLEMENTAL RULE 26(a)(3) PRE-TRIAL DISCLOSURES to be served upon the following via the court’s CM/ECF system:

Samuel C. Straight

Ryan B. Bell

Ray Quinney & Nebeker, P.C.

36 South State Street, Suite 1400

Salt Lake City, Utah 84111

/s/ Shirley Dougherty

SLC_361040.1 18

6 Recommendations

Reply New Message

Prev Message Back To Forum Threaded View Next Message

Please to post a reply