Rojo v. Deutsche Bank

Filing 65

OPINION & ORDER:#98203 Accordingly, Rojo's motion to quash the trial subpoena is DENIED and Deutsche Bank's motion to amend the JPTO to include the JPMC Documents and any testimony that is necessary simply to authenticate or explain such do cuments is GRANTED. Deutsche Bank's motion to amend the JPTO to include the Geller testimony, the McLagan Documents and the Executive Compensation Documents is DENIED and Rojo's concomitant motion to preclude such evidence is GRANTED. Rojo& #039;s motion to preclude testimony from the "Additional Five Witnesses" and for monetary sanctions are DENIED. Deutsche Bank shall ensure that all relevant JPMC Documents are identified and produced to Rojo on or before November 30, 2009. Rojo may depose the custodian of the JPMC Document or any other witness identified who will testify regarding the JPMC Documents on or before December 31, 2009. Rojo may also depose any of the "Additional Five Witnesses" on or before Decem ber 31, 2009. The parties shall submit an Amended Joint Pretrial Order on or before January 15, 2010. In preparing the Amended Joint Pretrial Order, the parties should take care to review the individual practices of this Court, as they differ in seve ral material respects from the practices of the Judge Sand, for whom the initial JPTO was prepared. Although the bench trial in this action was scheduled to begin on Friday, February 19, 2010, due to a scheduling conflict it will now begin on Tuesday, February 23, 2010. A trial notification setting forth the deadlines for the submission of all pretrial materials will be sent to the parties in due course. (Signed by Judge Harold Baer on 10/30/2009) (jpo) Modified on 11/13/2009 (eef).