Federal Trade Commission v. Loma International Business Group, Inc. et al

Filing 146

MEMORANDUM AND ORDER re pre-admit evidence. Signed by Judge Marvin J. Garbis on 5/4/12. (jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
FEDERAL TRADE COMMISSION
Plaintiff
vs.
LOMA INTERNATIONAL
BUSINESS GROUP INC., et al.

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CIVIL ACTION NO. MJG-11-1483

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Defendants
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MEMORANDUM AND ORDER RE: PRE-ADMIT EVIDENCE
The Court has before it Plaintiff Federal Trade Commission's
Motion In Limine to Pre-Admit Evidence at Trial [Document 142] and
the materials submitted relating thereto.

The Court finds that

neither a response nor a hearing is necessary at this time. However,
it will afford Defendants the opportunity, prior to trial, to state
an objection to the admissibility of any evidence referred to herein
and may reconsider its ruling herein in light of circumstances at
trial.
Plaintiff seeks to have the Court declare that approximately
122 identified exhibits are admissible at trial.

The defense has

raised no question as to the genuineness of these exhibits.

The

Court will address these exhibits in categories by reference to
Plaintiff's Memorandum.1

1 Plaintiff Federal Trade Commission's Memorandum in Support of Its
Motion In Limine to Pre-Admit Evidence at Trial [Document 142-1]

Memorandum § III. C.
The 16 categories herein are admitted into evidence except as
follows:
13. Defendant Marco Alban's out of court
statements have not been shown to constitute
statements of the Defendants on trial.
15. The referenced correspondence needs to be
reviewed to determine admissibility.
17. The "layout" is not obviously admissible
as a business record but would be admissible if
a witness verifies it.

Memorandum § IV
The out of court declarations and deposition testimony are not
admissible unless and until the Court makes appropriate findings at
trial.

Plaintiff cannot assume that these will be admitted and

should be prepared to present a reasonable amount of live testimony,
subject to cross examination, as to the substantive allegations in
the proffered out of court statements.

Memorandum § V
The Government documents described are admissible as genuine
Government documents.

It appears that much of the content of these

documents is not genuinely in dispute.

However, the contents are

subject to appropriate hearsay objections that will be considered
at trial.

Memorandum § VI
Defendants' licensure is a critical – although probably not
disputed - matter.

If there is no genuine issue as to the accuracy

of these declarations, the Court will take the substance of the
declarations as stipulated.

If, after appropriate inquiry of the

Defendants, the Court finds that there is a genuine issue presented,
the Court will consider any defense position regarding
admissibility.

In the event the Court concludes that the declarants

must testify, the Plaintiff will be given the opportunity to present
such testimony at a mutually convenient time.

Memorandum § VII
It appears that the Monitor will be a witness at trial.

If this

is the case the reports are admissible subject to the monitor's
testimony verifying the exhibits.

If the monitor will not testify,

the Court will consider, at trial, any objections that may be made
to admissibility.

Accordingly, Plaintiff Federal Trade Commission's Motion
In Limine to Pre-Admit Evidence at Trial [Document 142] is GRANTED
IN PART as set forth herein.

SO ORDERED, on Friday, May 04, 2012.

/s/__________
Marvin J. Garbis
United States District Judge