FSP Stallion 1, LLC et al

Filing 653

MINUTES OF PROCEEDINGS - Motion Hearing held on 12/28/2011 before Judge Philip M. Pro. Crtrm Administrator: D. Sherwood; Pla Counsel: Adam J. Thurston; Def Counsel: Daniel R. McNutt, Dennis L. Kennedy, Thomas N. FitzGibbon, Kelly B. Stout, Sarah A. Harmon, Mark D. Hesiak; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 1:30 p.m.; Courtroom: 7C; SEE ATTACHED MINUTES (Copies have been distributed pursuant to the NEF - DMS)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
LAS VEGAS, NEVADA
FSP STALLION 1, LLC,
et al.,
Plaintiff(s),
vs.
MICHAEL F. LUCE, et al.,
Defendant(s).

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2:08-CV-1155-PMP-PAL
MINUTES OF THE COURT
DATED: December 28, 2011

PRESENT: THE HONORABLE PHILIP M. PRO, UNITED STATES DISTRICT JUDGE
DEPUTY CLERK: Donna Sherwood

RECORDER: Joan Quiros

COUNSEL FOR PLAINTIFF(S): Adam J. Thurston
COUNSEL FOR DEFENDANT(S): Dennis L. Kennedy, Daniel R. McNutt,
Thomas N. FitzGibbon, Kelly B. Stout,
Sarah A. Harmon, Mark D. Hesiak
PROCEEDINGS: PRETRIAL CONFERENCE/HEARING ON PENDING MOTIONS
1:30 p.m. Court convenes.
Mr. FitzGibbon advises the Court his clients have reached a
settlement with Plaintiffs, which is contingent on a Good Faith
Settlement Motion, which will be filed by Friday.
The Court will hear any objections to that motion on Wednesday,
January 4th at 9:00 a.m.
The Court and counsel confer on the following issues: numbering of
exhibits, the placing of filing cabinets in the courtroom for
exhibits, the use of the evidence display equipment, which parties
will be present at counsel tables during the course of the trial,
how the Court conducts voir dire, the need for additional
peremptories and a jury questionnaire, the Court’s trial schedule
and ways to streamline the testimony of plaintiffs.
The Court will allow one additional peremptory challenge per side,
for a total of four peremptories per side. Counsel shall submit a
joint jury questionnaire for the Court’s review by Tuesday, January
3rd.

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Page 2

Counsel will provide each other with a list of their witnesses for
each day.
Both sides will give their opening statements after
selection of the jury. Demonstrative exhibits used during opening
statements to be exchanged with opposing counsel by January 3rd.
Authenticity issues will be addressed outside the presence of the
jury.
IT IS ORDERED by Wednesday, January 4, 2012, counsel shall file the
following: a single alphabetized Witness List, a Joint Statement of
the case and proposed voir dire questions and proposed jury
instructions.
IT IS FURTHER ORDERED as follows:
[543] Walters Parties’ Motion in Limine No. 11 to Exclude
Walters’ Interview with “60 Minutes” is GRANTED.
[546] Walters Parties’ Motion in Limine No. 12 to Preclude
Certain Plaintiffs’ Corporate Representatives and/or Principals
from Claiming a Language Barrier Caused a Misunderstanding of the
PPM is GRANTED.
[520] Walters Parties’ Motion in Limine No. 5 to Preclude
Plaintiffs from Referencing the Petition to the Nevada Supreme
Court Regarding the Stallion Mountain Guaranty is GRANTED.
[540] Walters Parties’ Motion in Limine No. 6 to Limit the
Testimony of Debora Hayes, Principal of Plaintiff FSP Stallion 25
LLC Relating to the Source of the Entity’s Investment Funds is
GRANTED.
[516] Walters Parties’ Motion in Limine No. 13 to Exclude
Testimony Regarding Mr. Walters’ Personal Belief as to What
Financial Information Should Have Been Disclosed is DENIED.
[525] Walters Parties’ Motion in Limine No. 16 to Preclude
Plaintiff FSP Stallion 23, LLC From Testifying at Trial and to
Strike its Pleadings and Dismiss its Claims and [542] Luce Parties’
Motion in Limine No. 16 to Strike FSP Stallion 23, LLC’s Pleadings
and Dismiss its Claim Against the Luce Parties are DENIED.
[518] Walters Parties’ Motion in Limine No. 14 to Exclude
Evidence of Mr. Walters’ Financial Status and [539] Motion in
Limine to Exclude Evidence of Mr. Luce and Mr. Munsch’s Financial
Status are GRANTED to the extent it will be precluded during the
case-in-chief until the jury indicates it will consider awarding
punitive damages.

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[521] Walters Parties’ Motion in Limine No. 15 to Exclude the
Testimony of Robert Horning on Behalf of Plaintiff FSP Stallion 10
LLC is GRANTED to the extent Horning will be permitted to testify,
but cannot testify regarding things in his deposition that he said
he didn’t know anything about.
[517] Walters Parties’ Motion in Limine No. 8 to Preclude
Plaintiffs from Presenting Non-Monetary Damages Testimony is
GRANTED.
[532] Walters Parties’ Motion in Limine No. 10 to Preclude
Plaintiffs from Claiming an Inability to Obtain a Copy of the
Pricewaterhouse Coopers LLC Appraisal for Stallion Mountain is
DENIED.
[510] Walters Parties’ Motion in Limine No. 3 to Preclude
Plaintiffs from Offering any Testimony or Other Evidence Relating
to Alleged Fraudulent Misrepresentations is DENIED.
[511] Walters Parties’ Motion in Limine No. 4 to Limit the
Scope of Plaintiffs’ Fraud Claims to the Allegations in the First
Amended Complaint is taken under submission by the Court.
[512] Walters Parties’ Motion in Limine No. 7 to Preclude
Plaintiffs from Offering Deposition Testimony in Place of Live
Testimony at Trial is withdrawn as moot.
[513] Walters Parties’ Motion in Limine No. 9 to Preclude
Plaintiffs from Referencing Prior Indictments is GRANTED to the
limited extent the Court will not allow examination or argument
about the details of the Indictments.
[519] Walters Parties’ Motion in Limine No. 1 to Exclude
Witness Testimony and Other Evidence Pertaining to Subject Matters
for which the Plaintiffs have Asserted the Attorney/Client
Privilege is DENIED without prejudice to assert objections on a
question-by-question basis at trial.
[551] Walters Parties’ Motion in Limine No. 2 to Preclude
Plaintiffs’ Corporate Representatives and/or Principals from
Testifying Regarding Topics for Which They Had No Knowledge During
Their Depositions is DENIED without prejudice to assert objections
on a question-by-question basis at trial.
[544] Luce Parties’ Motion in Limine to Preclude Plaintiffs
from Referencing Unidentified Documents as Stallion Mountain
“Budgets” is DENIED without prejudice to renew at the time of trial
if the budgets are offered.

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Page 4

[554] Plaintiffs’ Motion in Limine to Exclude Evidence of
“Economic” Recession After July 2008 and Testimony of T. Stine is
DENIED.
[553] Plaintiffs’ Motion in Limine to Exclude Reference to
Plaintiffs’ Financial Condition is DENIED.
[555] Plaintiffs’ Motion in Limine to Exclude James J.
Colbert, Jr. from Offering Expert Testimony is DENIED without
prejudice to renew prior to the testimony of Mr. Colbert.
[557] DCS Defendants’ Motion in Limine No. 1 to Exclude
Evidence of Other Litigation or Proceedings is GRANTED.
The Court will address all remaining motions at the hearing
set on Wednesday, January 4, 2012, at 9:00 a.m.
4:35 p.m. Court adjourns.
LANCE S. WILSON, CLERK
By:
/s/
Donna Sherwood, Deputy Clerk