UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
_____________________________________________
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DEMOCRACY PARTNERS, LLC, et al., )
)
Plaintiffs, )
)
v. ) Civil Action No. 17-1047 (PLF)
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PROJECT VERITAS ACTION FUND, et al., )
)
Defendants. )
__________________________________________)
ORDER
On June 22, 2022, the Court set oral argument on the five pending motions in
limine for July 14, 2022, beginning at 1:00 p.m. See Order [Dkt. No. 155] at 1. The Court
directed the parties to meet and confer and submit a joint status report regarding procedures for
oral argument, including: (1) whether the parties would prefer to present oral argument virtually
or in-person; (2) how much time should be allocated to each motion; and (3) whether the parties
wish to present any video exhibits to the Court during oral argument. Id. In the parties’ joint
status report submitted on June 27, 2022, the parties indicated that they “would prefer to hold the
oral argument in-person,” and requested that the Court set aside time to allow defendants to
present video exhibits during oral argument. Joint Status Report (“JSR”) [Dkt. No. 156] at ¶¶ 1, 3.
The parties also included a chart with a proposed timetable for the five motions, and reiterated that
defendants’ Motion in Limine to Exclude Plaintiffs’ Proposed Trial Exhibit 121 [Dkt. No. 128]
was filed under seal. See id. at 2, 2 n.1. The Court grants the parties’ requests and sets procedures
and a schedule for argument. Accordingly, it is hereby
ORDERED that the Court will hear oral argument on the five pending motions in
limine on July 14, 2022, beginning at 1:00 p.m., in Courtroom 29 in the William B. Bryant Annex
to the E. Barrett Prettyman Courthouse at 333 Constitution Avenue N.W., Washington, D.C.
20001; it is
FURTHER ORDERED that defendants may present video exhibits to the Court
during oral argument on three of the pending motions: Plaintiffs’ Motions in Limine to Exclude
the Testimony of Aaron Black [Dkt. No. 118]; Plaintiffs’ Motions in Limine to Exclude
Undercurrent Videos [Dkt. No. 119]; and Plaintiffs’ Motions in Limine to Exclude Evidence
Related to Exposure of Defendant Alison Maass’ Subsequent Attempt to Secretly Record Another
Organization [Dkt. No. 120]. The parties have agreed to “allow additional time during
[defendants’] opposition arguments for the presentation of the video exhibits.” JSR at ¶ 3. That
additional time is reflected in the schedule below; it is
FURTHER ORDERED that the portion of the hearing regarding defendants’ sealed
Motion in Limine to Exclude Plaintiffs’ Proposed Trial Exhibit 121 [Dkt. No. 128] shall be sealed,
with no public phone line or other means of public access, and that participants and observers shall
be limited to attorneys representing parties in this case, paralegals working with attorneys on this
case, the parties, and Court personnel; and it is
FURTHER ORDERED that the following schedule will govern oral argument:
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Approximate Motion Movants’ Respondents’ Rebuttal
Time Time Time Time
1:00 p.m. to Plaintiffs’ Motion in Limine to 10 minutes 20 minutes 7 minutes
1:40 p.m. Exclude Undercurrent Videos
[Dkt. No. 119]
1:40 p.m. to Plaintiffs’ Motion in Limine to 10 minutes 20 minutes 7 minutes
2:20 p.m. Exclude Evidence Related to
Exposure of Defendant Alison
Maass’ Subsequent Attempt to
Secretly Record Another
Organization [Dkt. No. 120]
2:20 p.m. to 2:40 p.m. – Break
2:40 p.m. to Plaintiffs’ Motion in Limine to 10 minutes 20 minutes 7 minutes
3:20 p.m. Exclude the Testimony of Aaron
Black [Dkt. No. 118]
3:20 p.m. to Plaintiffs’ Motion in Limine to 10 minutes 10 minutes 5 minutes
3:45 p.m. Preclude Defendants from
Making any Argument or
Introducing Evidence for Purpose
of Asserting a Journalism
Defense [Dkt. No. 117]
3:45 p.m. to **SEALED** Defendants’ 10 minutes 10 minutes 3 minutes
4:10 p.m. Motion in Limine to Exclude
Plaintiffs’ Proposed Trial Exhibit
121 [Dkt. No. 128]
Digitally signed by
SO ORDERED.
Paul L. Friedman
Date: 2022.06.29
12:36:01 -04'00'
___________________________
PAUL L. FRIEDMAN
United States District Judge
DATE: June 29, 2022
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