Toffoloni v. LFP Publishing Group, LLC
Filing
197
MOTION to Amend 187 Pretrial Order by LFP Publishing Group, LLC. (Bauer, S.)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
MAUREEN TOFFOLONI,
as Administrator and Personal
Representative of the ESTATE
OF NANCY E. BENOIT,
)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
LFP PUBLISHING GROUP, LLC, )
d/b/a Hustler Magazine.
)
)
Defendant.
)
CASE NO. 1:08-cv-00421-TWT
MOTION TO AMEND THE PRETRIAL ORDER
Defendant LFP Publishing Group, LLC hereby moves to amend the Pretrial
Order [D.I. 187] to (1) allow the parties to show at trial portions of the video
deposition of Charles Bruce David; and (2) identify three additional exhibits LFP
may use at trial.
Defendant listed Mr. David as a “will call” witness in the Pretrial Order;
however, due to health-related issues which will likely preclude him from traveling
across the country to appear in person, Mr. David has likely become unavailable to
testify at trial.
Defendant’s counsel has conferred with Plaintiff’s counsel
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regarding this matter, and Plaintiff does not object to Defendant’s use of Mr.
David’s video deposition at trial and has also reserved her right to do so.
Defendant also seeks to supplement its exhibit list with the following
materials which post-date the Court’s March 28, 2011 pre-trial Order:
31.
March 29, 2011 letter from Donna Hahner to Maureen Toffoloni;
32.
April 1, 2011 letter from Richard Decker to Donna Hahner and
enclosures;
33.
May 20, 2011 issue of Entertainment Weekly magazine (a copy of
which has been provided to Plaintiff’s counsel via hand-delivery
today).
Plaintiff has indicated that she reserves her rights to and will likely object to
the admissibility of each of these exhibits at trial.
A proposed Order is submitted herewith for the Court’s convenience.
WHEREFORE, Defendant prays that this Court inquire into and sustain this
motion, and enter an Order amending the pretrial order, D.I. 187, to reflect the
addition of Mr. David’s video deposition and the exhibits described above.
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Respectfully submitted this 20th day of May 2011.
/s/ S. Derek Bauer
James C. Rawls
Georgia Bar No. 596050
Barry J. Armstrong
Georgia Bar No. 022055
S. Derek Bauer
Georgia Bar No. 042537
Darrell J. Solomon
Georgia Bar No. 305922
McKENNA LONG & ALDRIDGE LLP
303 Peachtree Street, NE, Suite 5300
Atlanta, Georgia 30308
(404) 527-4000
(404) 527-4198 (facsimile)
Pro hac vice:
Paul J. Cambria, Jr.
Jeffrey Reina
William M. Feigenbaum
LIPSITZ GREEN SCIME CAMBRIA
LLP
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
(716) 849-1333
(716) 849-1315 (facsimile)
Attorneys for LFP Publishing Group,
LLC
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CERTIFICATE OF SERVICE
This is to certify that I have this day filed the within and foregoing
MOTION TO AMEND PRETRIAL ORDER via the CM/ECF system which will
automatically send notification to Plaintiff’s attorneys of record, who are
participants in the CM/ECF system.
This 20th day of May 2011.
/s/ S. Derek Bauer
S. Derek Bauer
4
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
MAUREEN TOFFOLONI,
as Administrator and Personal
Representative of the ESTATE
OF NANCY E. BENOIT,
)
)
)
)
)
Plaintiff,
)
)
vs.
)
)
LFP PUBLISHING GROUP, LLC, )
d/b/a Hustler Magazine.
)
)
Defendant.
)
CASE NO. 1:08-cv-00421-TWT
ORDER
Before the court is Defendant’s Motion to Amend the Pretrial Order. Upon
consideration of Defendant’s motion, the Court grants the motion and ORDERS
that the parties may use the video deposition of Charles Bruce David at trial, and
further ORDERS that the Pretrial Order [D.I. 187] is hereby amended to reflect the
following additions to Defendant’s exhibit list:
31.
March 29, 2011 letter from Donna Hahner to Maureen Toffoloni.
5
32.
April 1, 2011 letter from Richard Decker to Donna Hahner and
enclosures.
33.
May 20, 2011 issue of Entertainment Weekly magazine.
So ORDERED this
day of May 2011.
Hon. Thomas W. Thrash, Jr.
United States District Judge
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