The Vineyard House, LLC v. Constellation Brands U.S. Operations, Inc.

Nature of the Order

This was Pretrial Order No. 1 in a consolidated case involving The Vineyard House, LLC and Constellation Brands U.S. Operations, Inc. The order governed preparation and procedure for the upcoming bench trial; it did not resolve the parties’ underlying claims.

Trial Schedule and Presentation of Evidence

The court confirmed that the bench trial would begin on November 30, 2020, using the Zoom platform. The trial was scheduled for six days, generally from 8:00 a.m. to 1:30 p.m., with each party receiving 13.5 hours to present its case. Opening statements were waived, and any closing arguments would occur after post-trial briefing. The court reserved the ability to schedule additional time and stated that it would set another pretrial conference if needed.

Evidence, Witnesses, and Depositions

The court ordered that witnesses be excluded until they completed their testimony, and prohibited references to settlement discussions, mediation, insurance, or a party’s wealth except during a punitive-damages phase, if one existed. The court stated that rulings on motions to exclude anticipated prejudicial evidence before trial would be issued separately.

The parties were limited to witnesses previously submitted on July 24, 2020, unless the court allowed additional witnesses for good cause, including rebuttal or impeachment. The order set deadlines for objections to deposition designations and required parties using deposition transcripts at trial to provide the original or a certified or stipulated copy. Video testimony by Mr. W. Andrew Beckstoffer could be shown only after related designations and objections were resolved.

The order also required advance written notice of trial witnesses, prohibited speaking objections, and required exhibits to be marked for identification before being shown to a witness. Each party had to submit electronic and hard-copy exhibit binders and file proposed findings of fact, conclusions of law, and a joint statement of stipulated facts by September 21, 2020.

Remote Trial Procedures and Compliance

The parties had agreed to retain Trialgraphix to coordinate the remote trial and split its cost. The order required participants and witnesses to have suitable internet access, audio equipment, and cameras, and required advance training and a technical test. The court would use its standard security protocols.

The parties had to inform witnesses of the court’s rulings. Failure to comply could result in sanctions, including striking a witness’s entire testimony. The order also stated that all “Does” would be deemed dismissed once the first witness was sworn, and that noncompliance could result in monetary fines or terminating sanctions.

Disposition

Judge Yvonne Gonzalez Rogers entered the pretrial orders governing the scheduled trial. This opinion was a procedural order concerning trial management and did not decide which side was correct on the underlying dispute.