Those Certain Underwriters at Lloyd's, London v. Condon

Filing 67

ORDER Supplementing 66 Pretrial Order. See Order for details. Signed by Judge Edward C. Reed, Jr on 9/17/10. (Copies have been distributed pursuant to the NEF - ECS)

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l 2 3 4 5 6 HIS CO X DED ICA TED CORPOM TE MEMBER UNITED STATES DISTRICT COURT D ISTRICT OF NEVM A 7 8 9 1 0 11 ) LTD . AND CERTAIN OTHER ) UNDERWRITERS AT LLOYD 'S , LONDON , ) WHO SUBSCRIBED LLOYD ' POLICY NO . ) S HD 0001594 , ) ) plaintiffs, ) ) 2 : 9-CV -1166 -ECR -RJJ O ORDER DAVID ALLEN CONDON, INDIVIDUALLY, ) ) ) ) ) 1 AND DOING BUS INESS AS DC 2 COLLECTIBLES, 1 3 EL? FT ff N RFE /n g PE U E c isypg gFugN R D o ns A nsgv gOg sR g a SFF ' . 1 4 Defendant . ) ) ) 'L TL I 1 DAVID ALLEN CONDON, I DI I UALLY, ) 5 N VD AND DOTNG BUSINESS A S DC 1 COLLECTIBLES, 6 1 7 1 8 1 9 Hiscox Dedicated Corporate Member, LTD., et al v. Condon 20 21 22 23 24 25 ) ) ) Counter-claimant, ) ) vs . ) ) HISCOX DEDICATED CORPORATE MEMBER ) LTD . AND CERTAIN OTHER ) UNDERWRITERS AT LLOYD'S, LONDON, ) WHO SUBSCRIBED LLOYD 'S POLICY NO . ) HD 0001594, ) ) Counter-defendant. ) ) Doc. 67 DdT i T(Fr vk / s o c ) t /p k E B :--. Y -prnjy r. tr cE<y jsnc c v : l yly z y j T he follow ing additional orders are entered with respect to th e Pretrial Order filed in this case . IT IS HEREBY ORDERED that not less than sixty ( Q) days prior 6 26 to the date set for trial, Defendant and Plaintiffs shall each file 27 a supplement to their respective objections to the other parties' 28 Dockets.Justia.com 1 proposed exhibits and deposition testimony ( ee e . . paragraph ( ) s g c 2 on page 17y paragraph ( ) on page 22, and paragraph w on page 20 of e 3 the Pretrial Order) which shall spell out in reasonable detail the 4 basis for each of the objections. It is not suffieient to object 5 merely as Airrelevant ,' uhearsay ,' upriv ileged ,' etc . The ' ' ' ' 6 objection with respect 8 each such exhibit should state in summary 7 but reasonable detail the basis for making such objection . The parties respectively will thereafter have fourteen ( ) 14 9 days to respond to each such objection in similar detail . 10 The matter of admission of exhibits fcr trial referred to the Magistrate Judge for purposes of ruling on the admission of the 1 subject exhibits listed in the Pretrial Order to the extent this 2 13 can reasonably and feasibly be done pretrial . 14 The proposed witness lists , as set forth in the Pretrial 15 Order , are referred to the Magistrate Judge for consideration and 16 decision as to whether any of such w itn es se s shou ld not be 17 permitted to testify because their testimony would be duplicative 1 or unreasonably cumulative . The Magistrate Judge is authorized to 8 19 require offers of proof as to the testimony to be of fered by each 20 such witness . 21 At least sixty ( ) days prior to the date set for the trial, 60 22 Plaintiffs shall file a statement specifying witnesses by specific 23 name or names who are in the Pretrial Order referred to in term s 24 such as nPerson ( ) most knowledgeable' ( s ' see line 9 , page 23 of the 25 Pretrial Order) and : g other in law) : Lucygne Ncrma %m 26 line 22, page 25 of the Pretrial Order) . 27 28 2 '( ' see ' ' * 1 1 The Magistrate Judge is authorized to modify the Pretrial 2 Order upon consideration of these or other appropriate matters , and 3 to make all rulings thereon which reasonably can be made . 4 The Magistrate Judge will substantially assist the Court in 5 the processing of this case by undertaking the foregoing 6 proceedings . By going through the items of evidence and 7 considering the respective witnesses ' testimony , frequently the 8 parties and/or the Court will reasonably, readily, recognize 9 evidence which is inadmissible , or shou ld be withdrawn , or which , 10 upon proper availab le foundation , will be obviously admissible , or ll on the other hand , where ruling should be withheld until trial . 1 The Magistrate Judge will have the benefit of the Pretrial Order 2 1 and the arguments of counsel to assist in making these rulings . 3 1 4 Obviously , the conduct of the trial will be greatly expedited 15 by the Magistrate Judge undertaking this assignment . 1 6 The rulings of the Magistrate Judge will be subject to appeal 17 to this Judge , if timely appeal is filed . The Magistrate Judge has 18 extensive experience in resolving such matters , 1 0th as an attorney 3 1 in practice, and sitting on the bench as a trial judge, and is well 9 20 qualified to undertake such rulings . 21 We realize this order places a considerable burden on the 22 Magistrate Judge . We trust , however , that the Magistrate Judge 23 will not be inclined to ignore this order , but if the Magistrate 24 Judge would prefer not to undertake this reference , or feels 25 uncomfortable in doing so , or feels such an order is inappropriate 26 in the circumstances , we should be so advised so that we can 27 undertake to arrange other procedures to accomplish the gcals we 28 seek to achieve in entering this order . 3 At least twenty -one days before the date set for the trial , the Magistrate Judge shall hold a status/settlement con feren ce with respect to this case and the trial . D t d: T i I ae hs G d y of S pte b r, 20 0. a e me 1 C w UN ITED STA TE S D ISTR ICT JUD GE

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