Microsoft's Motion to Amend its Witness List.
Re: DOJ v. Microsoft, Case No. 98-1232, 1233.
Date: October 9, 1998.
Source: Microsoft. The caption, signatories, and Certificate of Service have been deleted. Otherwise, this document has been edited for HTML, but not for content.

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DEFENDANT MICROSOFT CORPORATION’S MOTION FOR LEAVE OF THE COURT TO ALTER ITS WITNESS LIST

Pursuant to paragraph 10 of Pretrial Order No. 2, defendant Microsoft Corporation ("Microsoft") hereby respectfully requests leave of the Court to substitute Eric Engstrom and Robert Muglia for Thomas Reardon and Jeffrey Raikes on Microsoft’s schedule of witnesses filed with the Court on October 8, 1998.

There is good cause for Microsoft’s proposed substitution. The testimony of Messrs. Engstrom and Muglia is necessary to respond to the anticipated testimony of Avadis Tevanian of Apple Computer and James Gosling of Sun Microsystems, respectively. Plaintiffs first identified Messrs. Tevanian and Gosling as trial witnesses on plaintiffs’ October 8, 1998 schedule of witnesses. Prior to the filing of that schedule of witnesses, Microsoft had no knowledge that plaintiffs intended to call Messrs. Tevanian and Gosling as trial witnesses.

Plaintiffs will not suffer any prejudice as a result of Microsoft’s proposed substitution. Microsoft first identified the two witnesses whom Microsoft proposes to eliminate from its witness list, Messrs. Reardon and Raikes, only yesterday. Microsoft notified plaintiffs and the Court of Microsoft’s intent to substitute Messrs. Engstrom and Muglia for Messrs. Reardon and Raikes within twenty-four hours of learning that plaintiffs intended to call Messrs. Tevanian and Gosling as trial witnesses.

Plaintiffs have informed Microsoft that they consent to Microsoft’s proposed substitution of Messrs. Engstrom and Muglia for Messrs. Reardon and Raikes on Microsoft’s witness list.

For the foregoing reasons, Microsoft respectfully requests that the Court grant it leave to substitute Eric Engstrom and Robert Muglia for Thomas Reardon and Jeffrey Raikes on Microsoft’s October 8, 1998 schedule of witnesses.

Dated:  New York, New York

October 9, 1998

Respectfully submitted,

______________________________

John L. Warden (Bar No. 222083)

[other signatories omitted]

[Certificate of Service omitted]

Microsoft's Proposed Order

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ORDER GRANTING DEFENDANT MICROSOFT CORPORATION LEAVE TO SUBSTITUTE TWO TRIAL WITNESSES

UPON CONSIDERATION OF Defendant Microsoft Corporation’s Motion for Leave of the Court to Alter Its Witness List, requesting leave to substitute Eric Engstrom and Robert Muglia for Thomas Reardon and Jeffrey Raikes on Microsoft’s schedule of witnesses filed with the Court on October 8, 1998, plaintiffs having consented to such substitution, and it appearing to the Court that there is good cause for the substitution of witnesses to prevent manifest injustice,

It is hereby ORDERED that Microsoft Corporation may substitute Eric Engstrom and Robert Muglia for Thomas Reardon and Jeffrey Raikes on Microsoft’s schedule of witnesses filed with the Court on October 8, 1998.

Dated:  Washington, D.C.
October __, 1998

SO ORDERED:
 

_______________________
Thomas Penfield Jackson
United States District Judge

Please serve copies of Order on:

A. Douglas Melamed, Esq.
Antitrust Division
U.S. Department of Justice
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Phillip R. Malone, Esq.
Antitrust Division
U.S. Department of Justice
450 Golden Gate Avenue, Room 10-0101
San Francisco, California 94102

Stephen D. Houck, Esq.
Chief, Antitrust Bureau
New York State Attorney General’s Office
120 Broadway, Suite 2601
New York, New York 10271

Christine Rosso, Esq.
Chief, Antitrust Bureau
Illinois Attorney General’s Office
100 West Randolph Street, 13th Floor
Chicago, Illinois 60601

William H. Neukom
Microsoft Corporation
One Microsoft Way
Redmond, Washington 98052-6399

James R. Weiss
Preston Gates Ellis & Rouvelas Meeds
1735 New York Avenue, N.W.
Washington, D.C. 20006

John L. Warden
Richard J. Urowsky
Steven L. Holley
Sullivan & Cromwell
125 Broad Street
New York, New York 10004