One last thing Mr. Medvene will address.

If the Court please, the defendants want to play the video of Dr. Lee. We got their designation the other day.

We're asking until Friday morning, if possible, from -- not till tomorrow morning, to counter-designate, and then a couple days for both sides, after Your Honor rules on the objections, so that the videotape can be prepared and edited properly.

We think if we had an extra day, we could limit our objections to just the key portions, so you don't have to rule on too, too many items. But there are a number of items we think in Dr. Lee's testimony that violate the previous court order on relevance of certain collection techniques and that sort of thing.

So what we're asking for is until Friday morning, if possible, to file with the Court our counter-designation. If for whatever reason that's not possible, until tomorrow, tomorrow morning, to file our counter-designation. And that's a couple days, so both sides can get the video edited properly to play.

Okay.

MR. P. BAKER: On Henry Lee, I gave them the designation on Monday, and that was to comply with the rules and the procedures of Mr. Petrocelli -- I screwed that up -- I believe Mr. Petrocelli used in the Paula Barbieri deposition. I'm trying to comply.

We want to start it tomorrow. I've had it edited. They haven't objected to it so far. It's edited. I figured we'd have Mr. Rokahr's deposition read, Mr. Gerdes I'd start Henry Lee's deposition, we'd be able to finish sometime early Friday afternoon. And I'm just trying to comply with the promise I made you in chambers about how fast I can put this case on.

They've had enough time. They've had the deposition since September. They knew what our questions were. I've had this thing edited and they worked on it over the weekend. They knew what the issues were. And the stalling and -- it's the same exact thing that happened during Ms. Barbieri.

I want to start it tomorrow afternoon, according to our designation on Monday.

Your Honor, them playing the deposition next week isn't going to interfere with their case.

Well --

Why didn't you get -- you demand things of them; they have a right to demand things of you in terms of complying.

We haven't demanded without flexibility, Your Honor. And what we're asking is, we can -- we can give them now, unedited objections to portions of Dr. Lee's testimony. We can give that to them now.

Why don't you do it?

I'd like to be able to edit it, and go over it a little bit more thoroughly before we give it to them, because we think we can cut down some things. And all we're asking is the deposition, if they're going to play it, be played next week instead of Friday, so both sides can have a proper opportunity to edit.

We're going to have to address you on some of the objections, and we're just trying to limit it, as best we can.

I think it's 2025(i).

The motion --

THE COURT REPORTER: Your Honor, I didn't hear you.

C.C.P. 2025 subdivision (i) -- sorry -- that's subdivision (l), subdivision (I) states that:

A party intending to offer an audiotaped or videotaped recording of a deposition in evidence under subdivision (u) shall notify the Court and all parties in writing of that intent and of the parts of the deposition to be offered within sufficient time for objections to be made and ruled on by the judge to whom the case is assigned for trial or hearing, and for any editing of the tape. Objections to all part of the deposition shall be made in writing.

The notice was filed on December 9. This is December 11. Why is the request unreasonable? That's a short period of time.

MR. P. BAKER: Judge, I complied with their request on Paula Barbieri. They stated on the record that reasonable time was three days; I gave them three days. We couldn't even do -- show the video of Paula because they objected to it because we didn't give them reasonable notice.

And in this case, there's reasonable notice; they've had enough time. They had all day yesterday to do it, all day today. They've got enough time.

You said what in your notice?

MR. P. BAKER: For --

You didn't say it's required that they respond by a certain time.

MR. P. BAKER: I'm -- I'm saying that in terms of the Paula Barbieri deposition.

Yeah.

MR. P. BAKER: They objected to us objecting to that videotape because we didn't provide them with reasonable notice.

They stated that reasonable notice was three days. I used that three days and let's put Henry Lee on December 9 -- started on December 12. They haven't objected to it yet.

They have to play by the same rules. They try to interrupt our case. We want it to flow so that I can get it done when I promised you, Judge. And we couldn't even show the Paula Barbieri videotape; we had to read it.

Your Honor, the situation is different with Ms. Barbieri. They never -- we gave them our designations; they never responded with any counter-designations or objections. And then they just wanted to play things on the videotape at the time that we offered the videotape.

On Monday afternoon, they served this very lengthy designation of Dr. Lee's deposition.

Now, just to drive this point home, prior to opening statement, I wrote Mr. Baker a letter and I said, could you let us know what you intend -- or Mr. Medvene did -- what do you intend to offer by way of Dr. Lee's videotaped deposition, so we can have a lot of time to work this out.

He said, "I don't have to tell you now and I'm not going to tell you now."

I wrote him another letter last week, which I'll produce to the Court, saying, please give me Dr. Lee's videotaped designation so we can work this out.

No response.

Then I get the designations on Monday afternoon.

I had alerted him that this is going to be a serious issue because of the Court's in limine motions and all the objections that were made at the deposition, that we would need time. A very lengthy designation. Got it Monday afternoon. I've had someone working on it last night and yesterday. Probably get it in to the Court by the end of today.

I would like tomorrow morning -- be a little more reasonable -- then I'd like to have a hearing on the objections.

Okay.

I told them I was going to use all of the direct and all of the cross. To say that I didn't say what I was going to designate is nonsense. They know.

That's not accurate, Mr. Baker.

We spent two and a half days back there with Henry Lee, and all I got out of Medvene was objections, objections. That is all I'm going to take out, is the objections I from got from Medvene on every question that I asked Henry Lee.

That's what the designation is. He objected to every question, regardless of the content. Regardless of giving him a standing objection to everything, he had to interject an objection; he was compelled to do it to every question from us. There was a hiccup in the room, he objected to it.

That is what was edited out of Henry Lee's depo; that is all.

To allow them now to say well, we want to have more time and we want to object more and to stop our case, and we'll have to go dark tomorrow afternoon and Friday because of them, is ridiculous. And all they want to do is interrupt the flow of our case. I don't think it's appropriate.

Okay. The Court will set hearing for tomorrow morning. And you have your papers in -- if you're going to have any papers in.

You have a copy of the tape?

Yes.

Yes.

They've had it since mid-September.

Excuse me.

Be prepared to show the video Friday.

Okay. Bring in the jury.