Terra Insurance Company v. New York Life Investment Management LLC

Filing 157

ORDER REGARDING DEFENDANT'S MOTION IN LIMINE NO. 2. Signed by Judge Alsup on May 24, 2010. (whalc1, COURT STAFF) (Filed on 5/24/2010)

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1 2 3 4 5 6 7 8 9 10 FOR THE NORTHERN DISTRICT OF CALIFORNIA IN THE UNITED STATES DISTRICT COURT United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TERRA INSURANCE COMPANY, Plaintiff, v. NEW YORK LIFE INVESTMENT MANAGEMENT, LLC, Defendant. / No. C 09-01609 WHA ORDER REGARDING DEFENDANT'S MOTION IN LIMINE NO. 2 After reviewing the documents submitted by counsel pertaining to defendant's motion in limine number two, the Court rules as follows: 1. The New York Life document entitled "Strength and Safety for Uncertain Times, Annual Report 2007" will be admitted in part under FRE 807. The parts so admitted are: (i) from the paragraph beginning on page NYLIM4522 starting with "More than a year before the credit crisis emerged . . . " through to the end of that column, (ii) the paragraph on page NYLIM4524 beginning with "Elected as a new director in 2007 . . . ," and (iii) the special report by Gary Wendlandt appended thereto on pages NYLIM452629 in its entirety. Possibly other rules of evidence would permit these portions to be admitted as well. 2. For the same reasons, the New York Life document denoted "Plaintiff's Exhibit 102," which appears to be a deposition exhibit, entitled "New York Life Avoids the Risks, Clients 1 2 3 4 5 6 7 8 9 10 Reap the Rewards" will be admitted in its entirety under FRE 807. Again, possibly other rules of evidence would permit this document to be admitted as well. With respect to the remainder of materials, the Court is unclear why they would be relevant or admissible. The parties shall ensure that these rulings are incorporated into the joint summary of rulings on all the motions in limine addressed at today's pretrial conference. IT IS SO ORDERED. Dated: May 24, 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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