On
motions in limine: first the
US' motions, to exclude
Milton's expert Prof Kirkus
[or Kirfus?] on automotive
prototypes, battery
technology, hydrogen fuel
cell technology and
relations between automakers
and supplier, including
parts.
Judge
Ramos: These appear somewhat
relevant. Why should I
exclude them?
AUSA:
These facts are not
disputed. And there will be
witnesses from Nikola.
Mukasey:
It will not be as easy to
get the information out of
them. The case turns on the
use of words by Mr. Milton.
What does "build" mean? Prof
Kirkus will say you can
build a truck on a computer,
not hammer and nails. The US
is alleging vapor-ware.
Judge
Ramos: I don't think a truck
on a computer is a built
truck.
Mukasey:
You're reacting like a lay
person. In this field, built
can be on the computer.
There's a design element.
Judge
Ramos: What about hydrogen -
is he an expert?
Mukasey:
He knows more than a lay
person.
Judge
Ramos: Today's Daily is
about how far we are away
from rolling out these kind
of vehicles nationwide. I'll
defer on my decision on if
he is necessary. If so, we
can hold a Daubert hearing.
Next, on the proposed
financial expert, including
social media as relates to
Mr. Milton, and the effect
of social media on
investors.
AUSA
Roos: Our expert will be
speaking on social media, so
the defense expert can too.
But the defense has said
that a company's stock
performance is volatile, so
investment is risky. Our
concern is it gets close to
victim-blaming.
Judge
Ramos: But some investments
ARE more risky that others.
When we are shown a 401-K,
we are shown a buffet of
possible investments.
[As
social media is discussed,
Milton whips out his phone.]
AUSA
Roos: Plus, we don't have
discovery about these
experts.
Milton's
lawyer Bondy: When I speak
with experts, I don't take
notes. And we will not be
victim-blaming.
AUSA
Roos: With those assurance,
we're OK with this expert as
a witness.
Milton's
3d lawyer, Mr. Caruso: We
are not running an advice of
counsel defense. We are
running a good faith
defense. There's an email in
which the general counsel
tells Trevor Milton, Yes,
you walked the line,
apologies to Johnny Cash.
Judge
Ramos: I'm sure the lawyers
at these tables can walk the
line. Motion denied as moot.
AUSA: We
will have three or four
investors as witnesses.
Mukasey:
And we will be asking if
they are reasonable
investors.
AUSA:
That just means, Using
reasons. Not being, for
example, a Goldman Sachs
investor.
Judge
Ramos: I am
more on Patreon here.
Now just
the logistics.