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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6 HIS CO X DED ICA TED CORPOM TE MEMBER UNITED STATES DISTRICT COURT
D ISTRICT OF NEVM A

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) 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, )
) ) )

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1 AND DOING BUS INESS AS DC 2 COLLECTIBLES, 1 3

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Defendant .

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'L TL I

1 DAVID ALLEN CONDON, I DI I UALLY, ) 5 N VD
AND DOTNG BUSINESS A S DC 1 COLLECTIBLES, 6

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Hiscox Dedicated Corporate Member, LTD., et al v. Condon

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) ) ) 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

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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
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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 .

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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) .
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'( ' see

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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 .

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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 .
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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

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UN ITED STA TE S D ISTR ICT JUD GE