Regions Bank v. Kaplan et al

Filing 715

ORDER granting 710 Motion for Reconsideration re 703 Order on Motion in Limine; granting exclusion of Witness Michael Gallatin. Signed by Judge Elizabeth A. Kovachevich on 5/2/2016. (JM)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION REGIONS BANK, etc., Plaintiff, v. CASE NO. 8:12-CV-1837-T-17MAP MARVIN I. KAPLAN, etc., et al., Defendants. / ORDER This cause is before the Court on: Dkt. 710 Motion for Reconsideration Plaintiff Regions Bank moves for reconsideration of the Court’s prior Order on motions in limine (Dkt. 703), as to the Order on Plaintiffs Motion in Limine (Dkt. 653), in which the Court granted exclusion of the listed witnesses except for Michael Gallatin, based on prejudice to Regions due to no opportunity to depose the witnesses in advance. Plaintiff Regions argues that Michael Gallatin should be excluded on the same basis as the other witnesses. In Section B of the Motion, Plaintiff Regions briefly addressed the requirement of disclosure of trial witnesses at least thirty days prior to trial. The Court mistakenly believed that Regions was not requesting exclusion of Michael Gallatin because, although Michael Gallatin was not included on Defendants’ initial disclosures, Michael Gallatin was disclosed as a trial witness in accordance with Fed. R. Civ. P. 26(a)(3)(B). Case No. 8:12-CV-1837-T-17MAP After consideration, the Court grants Plaintiff’s Motion for Reconsideration (Dkt. 710), and grants Plaintiff’s Motion in Limine as to Witness Michael Gallatin. DONE and ORDERED in Chambers in Tampa, Florida on thi§^<*2#2ay of May, 2016. 2

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