Colony Insurance Company v. AL & Sons Corp. et al

Filing 54

MEMORANDUM OPINION AND ORDER as follows: 1. The Defendants 41 Objections to Specific Exhibits are SUSTAINED as to Plaintiffs Exhibits 2-6 to the extent that those exhibits will not be admitted without the Plaintiff laying a proper foundation for ad mission outside of the presence of the jury. The exhibits may be used for impeachment in accordance with the Federal Rules of Evidence. 2. The Defendants Objections are SUSTAINED as to Plaintiffs Exhibit 1 to the extent that insurance information is ORDERED redacted from that exhibit. Signed by Honorable Judge W. Harold Albritton, III on 10/27/2015. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
COLONY INSURANCE COMPANY,
as subrogee for Regeneration, LLC and
Roy Granger,
Plaintiff,
v.
AL & SONS CORP. and
AL MITCHELL,
Defendants.

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CASE NO. 3:14-cv-1051-WHA-TFM
(WO)

MEMORANDUM OPINION AND ORDER
This cause is before the court on the Defendants’ Objections to Specific Exhibits
Designated by Plaintiff (Doc. #41). The Defendants object to exhibits listed by the Plaintiff as
Exhibits 1, 2, 3, 4, 5, and 6. Exhibits 2-6 are affidavits and Exhibit 1 is an Agreement between
Regeneration, LLC and Al & Sons. The Defendants object to the admission of affidavits and to
the admission of Plaintiff’s Exhibit 1 on the ground that it contains insurance information.
In response to the objections, the Plaintiff states that three of the affiants are on the
Plaintiff’s witness list and the affidavits can be used to impeach those witnesses. The Plaintiff
also states that the affidavits could be admissible if offered for a purpose other than to prove the
truth of the matter asserted. Finally, the Plaintiff states that as to Exhibit 1, the Plaintiff
stipulates to the redaction of insurance information.
Accordingly, it is hereby ORDERED as follows:
1.

The Defendants’ Objections to Specific Exhibits are SUSTAINED as to Plaintiff’s
Exhibits 2-6 to the extent that those exhibits will not be admitted without the Plaintiff
laying a proper foundation for admission outside of the presence of the jury. The

exhibits may be used for impeachment in accordance with the Federal Rules of
Evidence.
2. The Defendants’ Objections are SUSTAINED as to Plaintiff’s Exhibit 1 to the extent
that insurance information is ORDERED redacted from that exhibit.
Done this 27th day of October, 2015.

/s/ W. Harold Albritton____________________
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE