Free Trial Memo - District Court of Connecticut - Connecticut

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I s · Case 3:03-cv-00953-TPS Document 35 Filed 11/10 2004 Page 1 of 4
I UNITED STATES DISTRICT COURT FO ' THE
. DISTRICT OF CONNECTICUT
I . NEW HAVEN I
DIRECTV, INC. _ mill! NOV Ig A I0, Ib I
a California corporation, M g
#.52 it tt
I Plaintiff, I I
I I JOINT TRIAL EMORANDUM I
» · &gH111Sl · Civil Case No. -03—C\/-00953 DJS
I—lonorable Dom` ic J . Squatrito
GEORGE MARTINEZ, er al.,
Defendants.

L Counsel shall list the names, addresses a d telephone numbers ofthe
attorneys who will try this case. Trial counsel must attend the calendar call or status
conference, unless excused by the Court.
Plaintiff: _ Defendant:
Wayne D. Lonstein, Esq. Richard Mather, ro se ‘
l Terrace Hill; P.O. Box 35l 54 Gale Avenue I
Ellenville, NY 12428 Meriden, CT 064 0
Telephone: 845-647-8500 Telephone: 203- ! 37-6224
2. JURISDICTIONL Counsel shall set forth the basis for federal urisdiction.
This action arises under the Federal Communications Act of l 'I 34, as amended, 47 U.S.C.
§605. This Court has original jurisdiction pursuant to 28 U.S. . §l331 and §l338 as well
as 47 U.S.C. §605(e)(3)(A). I ‘
3. JURYfNON-JURY: Counsel shall state whether the case is t· be tried to a jury or to the
Court. . Q
This matter is to be tried to the Court. I
4. LENGTH OF TRIAL: Counsel shall set forth a realistic esti ate of trial days required
based on the length of testimony of each witness on both direct nd cross examination. See
Item 8, below. Counsel shall provide a schedule compiling the .= mount of time required for
each witness. I
The parties herein estimate that trial of this matter will require t ne (1) day.

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I -. Case 3:03-cv-00953-TPS Document 35 Filed 11/10 2004 Page 2 of 4 I
5. : Specify, with reasons, t · necessity of any further
I proceedings prior to trial. I
I Plaintiff respectfully requests a settlement conference with a I agistrate Judge prior to trial.
I Although the parties have held settlement discussions and Plai I iff is amenable to settlement,
the Defendant has not made an offer of settlement in responsr to Plaintiff’s demand.
6, Counsel for both parties shall separate] state the nature of each cause
of action and of the relief sought.
Plaintifi DirecTV, is the nation’s leading direct broadcast satellite system, delivering
satellite television and other programming to more than 10 mi! ion customers in the United
States. Plaintiff s television programming currently includes I ajor cable networks, studio
movies and special events programming, as well as a variet I of sports and other special
interests programming. Plaintiff has invested more than $1.2** billion to develop its direct
broadcast satellite system. I I
l DirecTV encrypts, or electronically scrambles, its satellite tran ·· issions to provide security
for and prevent unauthorized viewing of its satellite televisionp gramming. DirecTV offers
its television programming to residential and business custome s on a subscription and pay-
per-view basis only. Each customer is required to obtain a Dir TV Access Card and other
system hardware (including a small satellite dish) and creat an account with DirecTV.
Upon activation of the Access Card by DirecTV, the custom can receive and view in a
decrypted format (Le., unscrambled) those channels to which nl e customer has subscribed
or otherwise made arrangement to purchase from DirecTV. I
Defendant, Richard Mather, purchased one (1) Vector Smart Ca It Emulator and one (1) PS/2
to DC Adapter from VTec on or about March 27, 2001 . Defend tplaced the order by using
interstate or foreign wire facilities, and received his orders v a the United States Po:I;tal
Service or commercial mail carriers. Such purchase by the De EI ndant violated the Federal
Communications Act of 1934, as amended, 47 U.S.C. §605. 'I aintiff brings this actiorl to
restrain these illegal activities against it. I I
7. TRIAL BY MAGISTRATE JUDGE: Counsel shall state defi itively whether the parties
have agreed to a trial by a Magistrate Judge and, if so, indicate hether they have elected to
have any appeal heard by the District Court or by the Court I Appeals. See 28 U.SIC.
§636(c), Rule l ofthe Local Rules for United States Magistrat Judged (D. Conn.). In _he
event the parties consent, counsel shall complete and submit th attached form.
The parties hereto agree to trial by a Magistrate Judge, and elect ·• have any appeal heard tby
the Court of Appeals. I
8. LIST OF WITNESSES: Counsel shall set forth the names an rl addresses of each witness
to be called at trial, including a brief summary of the specific te imony anticipated and the
length of testimony in tenths of an hour 0-n both direct and cross =¤ xamination. Witnesses no

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included in this list—except those used for rebuttal or impeac ent—shail not be permitted
to testify at trial, except for good cause shown.
As to Plaintiff:
Secure Signals International, LLC
By: Stanley F. McGinnis
Park Hill
2320 Elm Street
Denver, CO 80207
Length and description of testimony:
DirectTV, Inc.
By: John Green
2230 East Imperial Highway
E1 Segundo, CA
Length and description of testimony:
Richard Mather
54 Gale Avenue
Meriden, CT 06450
Length and description of testimony:
As to Defendant:
9. EXHIBITS: Counsel shall numerically list all exhibits—includi g a brief description of their
contents—to be offered at trial on the case-in—chief. Exhibits no listed, except those used in
rebuttal or for impeachment, will not be admissible at trial, e ·ept for good cause shown.
All listed exhibits shall be deemed admissible unless there is n explicit objection to the
exhibit. See Item ll, below. Copies of the actual exhibits shal be exchanged between the
parties at the time of complying with this Order. Prior to tri , the parties shall mark'all
exhibits numerically with case number on exhibit tags to be pr ided by the Cle.rk’s Office I
upon request. The original set of exhibits for the Deputy Cl rk, complete copies of the
exhibits (in binders) for Judge Squatrito, his law clerk, one fo each juror and one for the
witness stand shall be submitted to the Deputy Clerk one (1) d y prior to trial.
As to Plaintiff:
Invoice printout from Vector Technologies.
Defendant’s Subscription Records.
Vector Technologies Web Page Content. . l
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‘ Case 3:03-cv—00953-TPS Document 35 Filed 11/10 2004 Page 4 of 4
I As to Defendant: I I
l
I 10. TRIAL TO COURT/JURY: In all cases, counsel shall con r in an effort to enter into a
_ written stipulation of uncontroverted facts and into an agree statement of the contested
I issues of fact and law. I
I a. Court: Each party shall submit: proposed findings of Iect and conclusions of law,
citing relevant authority where appropriate and affidav s of direct testimony. 1
b. @5;: The stipulation of uncontroverted facts will ¤I· read to the jury, and no
evidence shall be presented on the uncontested facts. I
(I) P;_o;;y_1_sg_1_y_oir Dire Questiog: Counsel shall att ch a list of questions to be .
submitted to the jury panel.
(2) Proposed J ug; Instructions: Counsel shall attach i quests for juty instructidns.
The failure to submit jury instructions for any claim o remedy by the Plaintiff or
defense by the Defendant shall be deemed a waiver oft ·I· claim or remedy. Coudsel
are @ required to submit general jury instructions whi =· h, for example, instruct the
jtuy on its role, evidence in general, witness credibility etc.
11. ANTICIPATED EVIDENTIARY PROBLEMS: No motions ·n limine shall be tiled. Each
party shall attach memoranda of fact and law concerning evide tiary problems that cannot
be resolved by agreement ofthe parties after good faith effort. AI such evidentiary problems
identified in the joint trial memorandum shall be considere motions in limine. AIny
objections not disclosed in the joint trial memorandum shall be deemed waived unless
excused by the Court for good cause shown. To the extent any tI identiaiy issues are raised
in the joint trial memorandum, the proponent of the evidence s all have ten days from the
filing of this joint trial memorandum in which to file a response t ·· evidentiary issue(s) raised
by the opposing party. No reply memorandum shall be filed a ent leave ofthe Court.
Dated: October 26, 2004 P __
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sg L I ‘`‘‘ it -2.-rl
Way D. ein, Esq. Richard ther
C ed. Bar No. CT 19973 Pro Se De ndeml
Lonstein Law Office, P.C. 54 Gale A I enue
Attorneys for Plaintiff Meriden, QI 06450
1 Terrace Hill; P.O. Box 351 T€l€ph€>11€ 203-237-6224
Ellenville, NY 12428
Telephone: 845-647-8500
Facsimile: 845-647—6277