Document 595 Filed 02/12/10: Transcript of Proceedings Appearances
Document 595 Filed 02/12/10: Transcript of Proceedings Appearances
Document 595 Filed 02/12/10: Transcript of Proceedings Appearances
PAGES 1 - 26
TRANSCRIPT OF PROCEEDINGS
APPEARANCES:
5 COUNSEL.
7 DEFENDANT INTERVENORS.
10 PLAINTIFFS.
3 YOU WANT TO ADD FOUR PEOPLE TO THE GROUP, ONE OF WHICH IS MCSI
7 TIMES.
10 REASONS.
14 THIS APPLE, AND YOU WAITED UNTIL TWO THIRDS OF THE TRIAL WAS
15 DONE AND NOW YOU WANT TO STOP FROM GETTING THESE DOCUMENTS, AT
24 AMENDED OPINION CAME OUT ON A MONDAY THE 4TH, IT WAS TWO DAYS
2 WITH A NEW LIST THAT IS DIFFERENT THAN ANY PREVIOUS CORE LIST.
8 SO WE WERE GIVEN --
10 CIRCUIT'S OPINION?
12 IN YOUR HONOR'S DECISION OF THE 8TH AT PAGE TWO, AND IT'S THAT
6 BEST WE COULD HAVE PREDICT UNDER THIS NEW STANDARD WHO WOULD BE
9 THREE DAYS FROM THE COURT'S OPINION TO GENERATE THAT. YOU DID
10 NOT TAKE THE SLIGHTEST STEP FOR TWO DAYS TO TRY TO IDENTIFY THE
11 CORE GROUP. THEN YOU HAD -- THIS COURT GAVE YOU ANOTHER DAY.
20 MR. PUGNO: WHAT WE DID NOT KNOW AND WHAT HAS CHANGED
24 EIGHT DAYS.
4 MOST OBVIOUS.
12 HE ATTENDED THE FOCUS GROUP WHERE THEY WERE TESTED WITH VOTERS.
15 ADVERTISEMENTS.
17 I'M HOPING THAT THE COURT HAS THE EXHIBIT A, MR. CRISWELL IS AN
23 THIS:
4 PRIVATE AND THE MOST INTERNAL AND THE MOST SENSITIVE DOCUMENTS
5 WITH REGARD TO HOW WE DECIDED WHAT TO SAY AND WHEN TO SAY IT.
9 CHANGED.
20 SPEAK FOR HIM, BUT WHAT WE ARE ABLE TO SAY, THE PRENTICE
6 BROADER PICTURE.
11 THESE.
18 CORE, ABSOLUTE CORE. HERE ARE SCRIPTS OF ALL OF THE ADS WE'RE
20 FORMULATION.
22 MAY REGRET MAKING IT, JUST WETS THE OTHER SIDE'S APPETITE
4 WE'RE NOT -- YOU MAY HAVE YOUR OWN VIEWS ABOUT THE SCOPE OF THE
7 DOWN.
15 NEWEST DECLARATION DOES NOT MAKE HIM PART OF THE CORE GROUP.
18 TIME.
1 THE KIND OF PERSON THAT I PREVIOUSLY HELD WAS PART OF THE CORE
2 GROUP?
19 DEADLINE?
21 HEAR YOUR THOUGHTS ON IT, IT'S THE NATURE OF THE CAMPAIGN THEY
22 WERE RUNNING.
2 SAY THAT THE NINTH CIRCUIT'S PRIVILEGE DOES NOT EMBRACE EVERY
6 HAVE BEEN DISPERSED AND ONLY DID A LITTLE BIT HERE OR A LITTLE
11 MR. CRISWELL.
2 RESPONSIBILITY.
9 AND MESSAGING.
12 COULD HAVE SAID THAT. HE COULD HAVE JUST TAKEN THE WORDS FROM
14 GOING ON HERE.
23 YES, FOR TWO REASONS. ONE, YOU IDENTIFIED THE FACT THIS PERSON
3 STRATEGY AND MESSAGING, AND THAT IS NOT WHAT MR. PRENTICE HAS
4 SAID HERE.
10 OMITTED SOMEBODY. THEY WAITED UNTIL THEY SAW WHAT ARE LIKELY
14 PRODUCTION DEADLINE.
18 THE COURT: BUT HERE'S THE PROBLEM THAT YOU FACE. ALL
1 NOT BEEN DILIGENT WITH RESPECT TO THAT MATTER. YOU KNOW THIS
2 IS AT ISSUE.
7 GET SNIPPETS. THE POINT THAT IS BEING MADE, IS YOU CAN'T SAY
8 THAT YOU'RE BEING DILIGENT, IF YOU HAD MORE THAN -- YOU'VE HAD
9 TWO WEEKS FROM -- YOU WAIT TWO WEEKS FROM THE OPINION TO BRING
11 ABOUT LONG BEFORE THAT TWO WEEKS WAS UP AND WAITED UNTIL THE
18 THESE DOCUMENTS.
21 WAS NOT USED THROUGHOUT THE ENTIRE CAMPAIGN. NOT A NAME THAT
24 AND DID SO, AND DID SOME RESEARCH FOR US AND THE NAME CAME OUT
25 DURING.
2 DOCUMENTS AND THE FIRST REVIEW -- WELL, I WON'T GET INTO THE
3 REVIEW PROCESS, BUT YOU START TO SEE INFORMATION THAT YOU DON'T
8 THE COURT: OKAY. YOU JUST OPENED THE DOOR AND I'M
9 GOING TO STEP THROUGH IT. WHEN DID YOU FIRST SEE MR. DOE'S
10 NAME?
12 YOUR HONOR.
14 EXAMPLE, IF YOU LEARNED ABOUT IT ON THE 9TH OR THE 10TH AND YOU
15 WAITED UNTIL THE 17TH TO FILE THIS MOTION, I WOULD CALL THAT AN
2 THOUGH, EVEN THOUGH I'M SURE YOU DID IT FOR THE BEST OF
7 YOU SAY, THE TRIAL BEEN PASSING AND THE PLAINTIFFS ARE SEVERELY
11 IT WAS LITERALLY AROUND THE CLOCK ORDEAL FOR A FULL WEEK, AND
17 PRODUCE IT ON SUNDAY.
22 MOTIONS ALL WEEK LONG WE MAY NOT HAVE MADE THE PRODUCTION
3 MANY PEOPLE DID NOT SLEEP ALL WEEK LONG IN ORDER TO GET THIS
4 ACCOMPLISHED. AND THE DEADLINE WAS TO GET THE REVIEW DONE, THE
8 THE DECLARATIONS AND THE MOTION. THAT'S ALL I DID, SAY WE'VE
16 LET IT GO.
19 NAMES POPPED UP, TO SAY, YOU KNOW WHAT, WE'RE GOING TO JUST
3 SAID WE HAVEN'T HAD TIME TO DRAFT THE MOTIONS TO SEAL YET, BUT
4 THEY'RE COMING AND WE WANT TO LET YOU KNOW THEY'LL COME THIS
5 AFTERNOON.
7 THAT'S THAT.
10 THE NOTION THAT WE'RE TOO BUSY TO STOP AND FILE A MOTION IS
19 MOTIONS THEN AND NOW YOU FILED MOTION YOU THINK ARE IMPORTANT,
2 DOE, LET'S TALK ABOUT THE OTHER TWO PEOPLE. WHAT ABOUT --
4 AREN'T THEY --
10 PETERSON AND WIRTHLIN TELL ME ABOUT WHY YOU VIEW THEM NOT PART
12 ARGUMENT IS?
23 OF THE CORE GROUP, THE FACT THAT THE DEFENDANT INTERVENORS HAVE
24 PUT INTO EVIDENCE THE ADS INVOLVING THESE PEOPLE MEANS THAT
1 RELEVANT AND --
2 THE COURT: YOU SAID THAT IN YOUR BRIEF, AND I'M SORRY
17 CATCH LINE.
24 THE VERY FACT THAT MR. PUGNO HAS NOW ADMITTED THESE
5 WIRTHLIN?
8 DECEMBER?
15 PROFESSOR PETERSON.
17 BASICALLY PUT INTO ISSUE WHAT PROTECT OUR CHILDREN REALLY MEANS
19 HIGHLY RELEVANT.
24 THAT, WELL, WE CAN WAIT UNTIL JANUARY 17TH TO BRING THIS TO THE
25 COURT'S ATTENTION.
3 ABOUT HIM.
7 THE CAMPAIGN.
9 DOWN AND THINKING WHO WAS -- WHO ARE OUR CAMPAIGN OFFICIALS AND
10 OUR CONSULTANTS AND OUR ADVISERS AND WHO WAS IN THE CORE GROUP,
11 WE KNEW THEY WERE THERE, BUT DIDN'T OCCUR TO US THERE WOULD BE,
14 MESSAGE THEY WOULD LIKE TO CONVEY AND WHAT THEY SHOULD SAY.
7 CORE GROUP.
14 HOW THE CAMPAIGN SHOULD BE WRITTEN AND THEY WERE, THEY ALL BEEN
13 CAMPAIGN.
19 CAMPAIGN ADS THAT THEY WERE PARTICIPATING IN, BUT I DON'T THINK
22 WITHIN THE CORE GROUP AND THAT THERE'S NO EVIDENCE BEFORE THE
5 CAN AMEND TO ADD THAT. I'LL DENY IT WITH RESPECT TO THE OTHER
6 THREE.
8 DOCUMENTS. WHEN IS THE QUICKEST YOU CAN GET THROUGH THOSE '95
9 DOCUMENTS?
11 THE FOLKS THAT HAVE THEM CAN GET THEM MARKED ATTORNEY'S EYES
15 SOON AS WE CAN.
4 (PROCEEDINGS ADJOURNED.)
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