Fairbairn

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 EMILY FAIRBAIRN, et al., Case No. 18-cv-04881-JSC Plaintiffs,

v. ORDER FOLLOWING PRETRIAL

CONFERENCE

FIDELITY INVESTMENTS

CHARITABLE GIFT FUND,

11 Defendant.

13 The Court held a pretrial conference on October 1 and October 2, 2020. This Order 14 records the rulings and logistics set forth on the record at the hearing.

I. MOTIONS IN LIMINE

16 A. Plaintiffs’ Motions 17 1. MIL No. 1: Motion Re: Individuals’ Status as Agents/Employees (Dkt. No. 209) 18 Plaintiffs seek an order that the Fidelity Management & Research (FMR) employees who 19 solicited Plaintiffs’ donation, liquidated the stock, and dealt with the aftermath were all acting as 20 agents or employees of Fidelity Charitable (who does not employee anyone itself) for purposes of 21 Federal Rule of Evidence 801(d)(2)(D). In light of Fidelity’s concession in its opposition that 22 many of these persons were acting as Fidelity Charitable’s agent in certain contexts, the Court 23 declines to enter a blanket ruling at this time. However, at trial it…