Much detail in the California case lies hidden behind redactions. Now both Eric Marcotulli and Dan Alminana have filed declarations with the Court requesting that their answers to deposition questions be changed. We can read the declarations here:
Just kidding; we can't red the declarations because they are almost entirely redacted. All we know is that:
"Both Mr. Marcotulli and Mr. Alminana have signed declarations to change and correct certain testimony about Mr. Marcotulli’s personal life that they gave at their depositions in this action...At the time of their depositions, Mr. Marcotulli and Mr. Alminana each expected to answer questions regarding the subject matter of the above-captioned case – specifically, questions relating to Elysium’s contracts with ChromaDex, including negotiations and performance of those contracts; patent issues; and trade secret allegations. (Marcotulli Decl., ¶5; Alminana Decl., ¶5.) At his deposition, however, Mr. Marcotulli was presented with certain text messages concerning highly sensitive aspects of his personal life. (Marcotulli Decl., ¶¶5-6.) Mr. Marcotulli was caught by surprise, unprepared, and embarrassed. (Id.) Consequently, and regrettably, he gave answers that require correction. (Id.) During Mr. Alminana’s deposition, in the midst of a line of questions about the development of Elysium and its product Basis, Mr. Alminana was asked suddenly about certain highly sensitive aspects of Mr. Marcotulli’s personal life. (Alminana Decl., ¶¶5-6.) Mr. Alminana was likewise caught by surprise and unprepared. (Id.) He too regrettably gave answers that require correction..."
One of the depositions in question involves Eric Marcotulli reportedly answering "I don't know" over 600 times. So it rings a little hollow when Elysium says, "Significantly, both Mr. Marcotulli and Mr. Alminana provided truthful and accurate testimony regarding the substantive issues in the case."
ChromaDex is going to oppose this, according to Elysium.
Elysium also announces a forthcoming motion in limine to exclude this evidence from the trial. We already know that Judge Carney does not like motions in limine, and he has told the parties not to file any. Elysium apparently is going to try anyway.
Interesting times.