The court denied plaintiff's motion for a protective order prohibiting a defense lawyer from participating in future depositions because of abusive behavior. "Both sides encourage the review of deposition DVD after deposition DVD. And yet, remarkably, neither side confronts or even truly acknowledges evidence undermining its preferred conclusion, in textbook examples of what psychologists refer to as 'confirmation bias.' Nor does either side point to even one instance in which it followed [the district judge's] explicit instructions for lead trial counsel to meet in person before imposing on the court what is essentially a motion to behave. . . . These instructions were not optional, and at no point have the parties sought relief from these instructions even after the undersigned reminded them of that opportunity. The court must therefore decline to share the conclusions it has reached about what is depicted in the transcripts and DVDs stacked on the court's desk."
Apple Inc. v. Samsung Electronics Co. Ltd., et. al., 5-11-cv-01846 (CAND November 16, 2011, Order) (Grewal, M.J.)