Free Order - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) WILLIAM WONG, et al., ) ) Defendants. ) ___________________________________)

MARLYN NUTRACEUTICALS, INC., an Arizona corporation,

No. 2:02-cv-1876-HRH

O R D E R Retrial Schedule Retrial of damage issues on plaintiff's Lanham Act / false advertising, unfair competition, and trade libel claims against World Nutrition, Inc., shall commence February 16, 2009, or as soon as the court has concluded trial in the case of Selby v. Phoenix Symphony, No. 2:07-cv-1254. The latter case is scheduled to

commence February 10, 2009, and is expected to be concluded by February 13, 2009. Retrial in this case will commence the morning

following the submission of the Selby case to the jury, but not earlier than February 16, 2009. Retrial of this case is expected

to be completed on or about February 18, 2009. On or before November 14, 2008, plaintiff shall disclose to the court and defendant the witnesses it intends to call at the retrial and the designations of prior trial testimony which

- 1 -

Case 2:02-cv-01876-HRH

Document 385

Filed 07/28/2008

Page 1 of 2

plaintiff proposes to be presented to the retrial jury.

Defendant

shall make a similar disclosure on or before November 28, 2008. In the event that counsel are not able to resolve questions regarding the presentation of evidence to the retrial jury, the court will entertain motions in limine, if filed on or before December 12, 2008. Trial briefs and proposed changes to jury instructions shall be served and filed on or before January 15, 2009. A telephonic final pretrial conference will be held at

1:30 p.m. AST (3:30 p.m. in Arizona) on Friday, January 23, 2009. Counsel for plaintiff shall make arrangements for and initiate a conference call to the court for purposes of this conference. In its recent report to the court,1 plaintiff called attention to a particularly inarticulate sentence appearing at lines 4 through 6, page 4, of the court's order of June 11, 2008.2

Counsel's assumption as to the intended meaning of that sentence is essentially correct. DATED at Anchorage, Alaska, this 25th day of July, 2008.

/s/H. Russel Holland United States District Judge

1

Docket No. 384. Docket No. 377. - 2 -

2

Case 2:02-cv-01876-HRH

Document 385

Filed 07/28/2008

Page 2 of 2