Regions Bank v. Kaplan et al

Filing 757

ORDER cancelling the scheduled continuation of the bench trial on Friday, July 8, 2016 and Friday, July 15, 2016; deferring ruling on all punitive damage issues until a final determination as to liability and the award of compensatory damages. Signed by Judge Elizabeth A. Kovachevich on 6/24/2016. (JM)

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 sua sponte. The Court conducted a bench trial
from May 2, 2016 to May 27, 2016. The Court scheduled additional proceedings on
Friday July 8, 2016 and Friday, July 15, 2016 for additional testimony as to punitive
damages.
On May 12, 2016, the Court granted in part and denied in part Plaintiff’s Third
Motion to Compel Financial Worth Discovery (Dkt. 738). Defendants submitted
documents relating to payments from Defendants R1A, TNE and BNK to Kathryn
Kaplan for the Court’s in camera review. On May 24, 2016, the Court deferred ruling.
On May 24, 2016, the Court heard argument as to further discovery on punitive
damages issues. Plaintiff Regions indicated that Plaintiff Regions was obtaining
appraisals as to real estate transactions, and that the two days of further testimony
would be focused on those real estate transactions. Plaintiff Regions requested
tailored discovery; Plaintiff Regions was not certain as to the need for an accounting
expert, based on the evidence at that time. Defendants suggested that the Court order
expert disclosures and set deadlines for expert reports. Plaintiff Regions suggested

Case No. 8:12-CV-1837-T-17MAP
that the Court dispense with expert reports and limit its consideration to the appraisals.
The Court directed Plaintiff Regions to turn over the appraisals as they were obtained.

The Court indicated that the Court would issue an order to provide further
guidance to the Parties as to punitive damages discovery before returning to Court for
the two days of additional testimony on punitive damages issues.

The Court has considered the pending claims and the totality of the
circumstances surrounding those claims. After consideration, the Court intends to
make the initial determination as to liability and the award of compensatory damages
before taking further testimony as to punitive damages.

The Court is therefore

cancelling the scheduled continuation of the bench trial on Friday, July 8, 2016
and Friday, July 15, 2016. Accordingly, it is

ORDERED that the scheduled continuation of the bench trial on Friday, July
8, 2016 and Friday, July 15, 2016 is cancelled; the Court will defer ruling on all
punitive damage issues until a final determination as to liability and the award of
compensatory damages.

DONE and ORDERED in Chambers in Tampa, Florida on this^ 7 ^ d f^ o f June,
2016.

Copies to:
All parties and counsel of record

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