Free Trial Brief - District Court of Connecticut - Connecticut

Case 3:00-cv-00706-SRU

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EXHIBIT 3

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September 24, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Mr.

2003,

11:06 AM

11: 06 :44 11:06:44 EXAMINATION 11:06:46 11:06:46 we're starting the second day of a preliminary question. 11:06:46 11:06:52 11:06:56 11:06:59 11:07:01 11:07:05 11:07:06 11:07:13 11:07:16 for the record what that 11:07:16 11:07:19 11:07:21 Spodick 11:07:24 11:07:24 11:07:28 11:07:31 11:07:34 11:07:41 11:07:44 11:07:53 11 :07 :57

BY MR.

BOWERMAN: Mr. Wanless,

Q.

your deposition.

First,

Since we concluded yesterday in the early afternoon, have you done anything between that time and this morning to prepare for today? A. I've had some general discussion with and he

Spodick about our discussion yesterday,

told me a little bit more about this case which I didn't know before. Q. Could you state

discussion was? A. Q. Discussion about the case or Just your discussions with Mr.

yesterday concerning either your deposition testimony in the morning. A. Why don't we start with that first. It was very limited because and there were no everything

All right.

things sort of were what they were, real comments about that, else. It is what it is.

work background,

And then they gave me a this case, and as I told my report was

little more overview about

you yesterday and I told him, you know,

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1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ill. for marketing purposes, and I'm not quite sure how but 11:08:00 11:08:04 11:08:08 11:08:11 11:08:12 sir, as you testified 11:08:12 11:08:17 11:08:21 11:08:22 11:08:22 11:08:24 11:08:27 I haven't been asked to do that, no, and I am 11:08:27 11:08:30 11:08:35 I was 11:08:40 11:08:44 11:08:47 11:08:50 11:08:52 11:08:56 Yes. Why don't we just go through it, and I'll ask 11:08:56 11:08:59 11:09:02 11:09:22

it's relevant to what both of you are doing, that's not for me to decide.

Q.
A.

Anything else? No. And so I take it,

Q.

yesterday,

you haven't been retained in this case to is that correct?

provide any testimony; A. Q. No.

And you have no intention of coming to court is that

in Connecticut should the matter go to trial; correct? A.

So I think it would be a moot question, but I

haven't been asked. Q. I think when we left off yesterday,

about to ask you some questions about the report in you did, in fact, 2003. prepare, the one that's dated

February 17, 1, sir.

I believe it's been marked Exhibit

I believe you have it in front of you; is that

right? A,

Q.

you some general questions about it. (Pause in proceedings.)

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Wanless Marketing

733HuntleyDrive,Suite2 Los Angeles, CA 90069

Phone: 310-659-6954 310-659-6331 Fax: 310-659-8151
[email protected]

YORK SQUARE CINEMA PATRON RESEARCH STUDY

Febuary 17, 2003

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KEY FINDINGS

· The York Square audience is YOUNG, with 71% falling within the 18 to 34 year old demographic, 55% are in the prime 18 to 24 year old slot · A significant portion of the York Square audience from the combined groups lives VERY CLOSE to the theater, with 80% reporting their residence to be five miles or less from the theater. · 73% of the audience reports that they live so close that they WALK to the theatre when they come. · 71% of York Square customers surveyed come from the YALE University community. · The York Square customer is a FREQUENT MOVIE-GOER. 76% go to the movies at least once a month, 46% go more often. · The York has virtually no patrons under the age of 18.

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CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing was hand-delivered on November 14, 2003 to the following: Peter C. Spodick, Esq. 592 Central Avenue New Haven, CT 06515

Ben 1SolnitctO~92

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT BROADWAY THEATRE CORP., Plaintiff v. BUENA VISTA PICTURES DISTRIBUTION, et al., Defendants : Civil Action No.: 3:00-CV-00706 (SRU)

:

November 14, 2003

MOTION IN LIMINE TO EXCLUDE PLAINTIFF'S DAMAGES ANALYSIS Pursuant to Paragraph 11 of this Court's Pre-Trial Order, defendantsrespectfully request the entry of an order precluding plaintiff from offering into evidence at the trial his March 3, 2003 "Analysis of Damages." As set forth in the memorandum of law accompanying this motion, this analysis is based on speculation, employs the wrong measurement, and lacks any causal connection. It is therefore inadmissible.

ORAL ARGUMENT IS REQUESTED

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THE DEFENDANTS, BUENA VISTA PICTURES DISTRIBUTION, et al. BY: Richard W. Bowerman (ct04l 81) Ben A. Solnit (ct00292 Elizabeth K. Andrews (ct20986) Tyler Cooper & Alcom, LLP 205 Church Street P.O. Box 1936 New Haven, CT 06509-1910 Tel. No.: 203.784.8200 Fax. No.: 203.865.7865 E-Mail: howerman @tviei-cooper.corn [email protected] [email protected]