Ray v. Balestriere Fariello LLP et al
Filing
173
ORDER The Court has reviewed the parties' joint letter, dated January 17, 2023. See ECF No. 171. It is hereby ORDERED: Plaintiff's Exhibits: Defendants have waived their objection to Plaintiff's exhibits 26 and 27. Additionally, th e Court declines to issue Defendants' requested instruction to the jury regarding these exhibits (see ECF No. 171 at 1), because the instruction would inappropriately comment on the evidence and "influence the jury on decisions which sh ould be in the jury's sole province." Defendants' Exhibits: Defendants have withdrawn exhibit DX-7. See ECF No. 171 at 2. Plaintiff has waived his objection to Defendants' exhibits DX-79, DX-100, DX-104, DX-113, DX-128, and DX- 134, subject to Defendants separating these exhibits into subparts as agreed upon by the parties. See ECF No. 171 at 1-2. Defendants shall submit such revised exhibits, after conferring with Plaintiff, by January 19, 2023. Plaintiff objects to the first sentence in Defendants' exhibit DX-108 on hearsay grounds. Defendants shall submit their proposed exhibits DX-163, DX-164, DX-165, and DX-166 to the Court by January 19, 2023. The Court asked the parties whether they had any objections to the Courts PowerPoint of preliminary instructions to the jury that were provided to the parties on January 11, 2023. The Court will provide the parties jointly proposed preliminary instruction regarding the attorney-client privilege during the initial instructions prior to opening statements. See ECF No. 171 at 2. Finally, Plaintiff shall, by January 19, 2023, file a stipulation signed by all parties dismissing this action as to John Does 1-5 or file a letter stating that Plaintiff does not intend to dismiss John Does 1-5 from this action. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/18/2023) (jca)
Case 1:18-cv-11211-JLR Document 173 Filed 01/18/23 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
AMES RAY,
Plaintiff,
-againstBALESTRIERE FARIELLO, et al.,
No. 1:18-cv-11211 (JLR)
ORDER
Defendants.
JENNIFER L. ROCHON, United States District Judge:
The Court has reviewed the parties’ joint letter, dated January 17, 2023. See ECF
No. 171. It is hereby ORDERED:
•
Plaintiff’s Exhibits: Defendants have waived their objection to Plaintiff’s exhibits 26
and 27. Additionally, the Court declines to issue Defendants’ requested instruction to the
jury regarding these exhibits (see ECF No. 171 at 1), because the instruction would
inappropriately comment on the evidence and “influence the jury on decisions which
should be in the jury’s sole province.” United States v. Mundy, 539 F.3d 154, 158 (2d
Cir. 2008) (holding that, absent special circumstances, judges should not “summarize and
comment upon the evidence generally” in their instructions to the jury).
•
Defendants’ Exhibits:
o Defendants have withdrawn exhibit DX-7. See ECF No. 171 at 2. Plaintiff has
waived his objection to Defendants’ exhibits DX-79, DX-100, DX-104, DX-113,
DX-128, and DX-134, subject to Defendants separating these exhibits into
subparts as agreed upon by the parties. See ECF No. 171 at 1-2. Defendants shall
submit such revised exhibits, after conferring with Plaintiff, by January 19, 2023.
Since the joint letter states that the “only” Defendants’ exhibit that remains in
dispute is DX-108, the Court concludes that Plaintiff has not renewed, and has
therefore waived, his objection to Defendants’ exhibits DX-25, DX-66, DX-89,
DX-106, DX-112, DX-137, and DX-151.
o Plaintiff objects to the first sentence in Defendants’ exhibit DX-108 on hearsay
grounds. Defendants assert that the sentence is not hearsay because they do not
intend to offer it for the truth of the matter asserted, but Defendants do not state
any alternative purpose for introducing the sentence. See ECF No. 171 at 2.
Plaintiff’s objection is sustained, without prejudice to the Court revisiting if
Defendants articulate a legitimate purpose for which it is sought to be admitted,
other than the truth of the statement asserted. See Fed. R. Evid. 801(c)(2).
Defendants shall provide a redacted version of DX-108 by January 19, 2023.
Case 1:18-cv-11211-JLR Document 173 Filed 01/18/23 Page 2 of 2
o Defendants shall submit their proposed exhibits DX-163, DX-164, DX-165, and
DX-166 to the Court by January 19, 2023. Before submission, the parties must
confer about these exhibits in an effort to resolve any objections and, if any
objection remains, Plaintiff must make the objection (and Defendants must
provide their response) at the time the exhibits are filed.
•
The Court asked the parties whether they had any objections to the Court’s PowerPoint of
preliminary instructions to the jury that were provided to the parties on January 11, 2023.
The parties have not raised any objections and, hearing no objection, the Court will
present those instructions to the jury before opening statements.
•
The Court will provide the parties’ jointly proposed preliminary instruction regarding the
attorney-client privilege during the initial instructions prior to opening statements. See
ECF No. 171 at 2.
•
Finally, Plaintiff shall, by January 19, 2023, file a stipulation signed by all parties
dismissing this action as to John Does 1-5 or file a letter stating that Plaintiff does not
intend to dismiss John Does 1-5 from this action.
Dated: January 18, 2023
New York, New York
SO ORDERED.
JENNIFER L. ROCHON
United States District Judge
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