Sponsored Content
Special Forums News, Links, Events and Announcements UNIX and Linux RSS News Novell's Motions in Limine - to Exclude Testimony, #s 12-19 Post 302394418 by Linux Bot on Thursday 11th of February 2010 10:15:03 AM
Old 02-11-2010
Novell's Motions in Limine - to Exclude Testimony, #s 12-19

Here are the Novell Motions in Limine #s 12-19, asking the court to exclude certain testimony from William Broderick, Lawrence Bouffard, Ed Chatlos, Burt Levine, Kim Madsen, Ty Mattingly, R. Duff Thompson, Doug Michaels, Robert Frankenberg, and Jean Acheson.
Long-time readers will remember that this is the second time Novell has brought this up, but the first time around the block, Judge Dale Kimball didn't find the APA ambiguous, so no external testimony was required. Also, he ruled that "'extrinsic evidence is admissible only to supplement or explain the terms of the agreement--and even then, only where such evidence is consistent with the terms of the integrated document.' EPA Real Estate Partnership v. Kang, 12 Cal. App. 4th 171, 175-77 (1992)." Since SCO's witnesses contradicted the document, he found it inadmissable. Now, after the Court of Appeals remanded the case, we are back for a redo, so now their testimony is what the jury might be hearing. Novell argues that they lack personal knowledge of aspects of the APA and/or Amendment A, and so their testimony should be excluded or limited to just what they actually have personal knowledge of.
Here's where you can find the earlier Novell objections to witnesses' testimony and to exhibits and to experts. And here's Rule 602 of the Federal Rules of Evidence, referenced throughout, the rule about personal knowledge.
If you are curious, in Judge Kimball's order dated August 10, 2007 [PDF], he did mention the fact that these SCO witnesses seemed not to know much about the APA, in particular about Amendment A.

More...
 
httppower(8)							     powerman							      httppower(8)

NAME
httppower - communicate with HTTP based power distribution units SYNOPSIS
httppower [--url URL] DESCRIPTION
httppower is a helper program for powerman which enables it to communicate with HTTP based power distribution units. It is run interac- tively by the powerman daemon. OPTIONS
-u, --url URL Set the base URL. INTERACTIVE COMMANDS
The following commands are accepted at the httppower> prompt: auth user:pass Authenticate to the base URL with specified user and password, using ``basic'' HTTP authentication which sends the user and password over the network in plain text. seturl URL Set the base URL. Overrides the command line option. get [URL-suffix] Send an HTTP GET to the base URL with the optional URL-suffix appended. post [URL-suffix] key=val[&key=val]... Send an HTTP POST to the base URL with the optional URL-suffix appended, and key-value pairs as argument. FILES
/usr/sbin/httppower /etc/powerman/powerman.conf ORIGIN
PowerMan was originally developed by Andrew Uselton on LLNL's Linux clusters. This software is open source and distributed under the terms of the GNU GPL. SEE ALSO
powerman(1), powermand(8), httppower(8), plmpower(8), vpcd(8), powerman.conf(5), powerman.dev(5), powerman-devices(7). http://sourceforge.net/projects/powerman powerman-2.3.5 2009-02-09 httppower(8)
All times are GMT -4. The time now is 02:53 AM.
Unix & Linux Forums Content Copyright 1993-2022. All Rights Reserved.
Privacy Policy