Law Debenture Trust Company of New York v. WMC Mortgage, LLC et al

Filing 324

ORDER (see attached), addressing the format and substance of post-trial summations scheduled for June 12, 2018. Signed by Judge Charles S. Haight, Jr. on June 11, 2018. (Pskowski, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

TMI TRUST COMPANY, solely in its
capacity as Separate Trustee of the
Securitized Asset Backed Receivables LLC
Trust 2006-WM2,

Civil Action No.
3:12-cv-1538 (CSH)

Plaintiff,
v.
June 11, 2018
WMC MORTGAGE, LLC f/k/a WMC
MORTGAGE CORP.,
Defendant.

ORDER
HAIGHT, Senior District Judge:
The post-trial summations of counsel, to be heard by the Court on June 12, 2018, will follow
this order:
Counsel for TMI will be heard first; then counsel for WMC will be heard; then counsel for
TMI may be heard in reply.
Following the Court's usual practice, counsel for the parties may then, in turn, make such
further arguments as they may think appropriate; provided, however, that counsel for TMI, the
plaintiff bearing the burden of proof, will have the last word before the case is submitted for
decision.
The Court imposes no time limits on counsel, save for the direction that all oral submissions
should be completed by the end of the trial day on June 12.

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The Court has read all post-trial written submissions. They are of considerable length, and
of high quality (for which all counsel are commended). While counsel may structure their arguments
as they see fit, the Court regards the following questions as of particular import and interest:
For TMI:
What are the alternative amounts of damages to which TMI is entitled?
Upon what facts and rules of law, as to liability and damages, does TMI rely for those
alternative entitlements?
Why should the amount more favorable to TMI be preferred?
For WMC:
Does WMC contend that TMI should make no recovery at all?
Upon what facts and rules of law does WMC rely for that conclusion?
If WMC is liable for any damages, what is the amount that TMI is entitled to receive?
Upon what facts and rules of law does WMC rely in calculating that amount?
SO ORDERED.
Dated: New Haven, Connecticut
June 11, 2018

/s/Charles S. Haight, Jr.
CHARLES S. HAIGHT, JR.
Senior United States District Judge

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