SPEAR et al v. FENKELL et al

Filing 673

MEMORANDUM AND ORDER THAT ALLIANCE PARTIES SHALL PRODUCE MR. ROBERTS REPORTS INCLUDING THOSE REPORTS PREVIOUSLY WITHHELD AS PRIVILEGED ON OR BEFORE 1/3/17 IN UNREDACTED FORM, OR BE BARRED FROM USING ROBERTS AS A WITNESS AS OUTLINED HEREIN.. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 12/29/16. 12/29/16 ENTERED AND COPIES MAILED, E-MAILED.(rf, ) Modified on 12/29/2016 (rf, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SPEAR, et al.
v.
FENKELL, et al.

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CIVIL ACTION

NO. 13-2391

ORDER
The defendants, Stonehenge Financial Holdings, Inc., John P. Witten, Barry
Gowdy, and Ronald D. Brooks (the “Stonehenge Parties”) filed a motion in limine to
preclude the testimony of plaintiff’s fact witness, John Roberts. Doc. No. 629 (motion)
629-1 (memorandum in support). For the reasons described in the Memorandum filed
with this Order, it is on this 29th day of December, 2016,
ORDERED
As follows,
1.

That the Alliance Parties shall produce Mr. Roberts’ reports, including

those reports previously withheld as privileged on or before January 3, 2017, in
unredacted form, or be barred from using Roberts as a witness. These reports may not
be used by any party other than in connection with cross-examination of Roberts at
trial. These reports may not be copied or discussed with anyone other than the trial
attorneys and their assistants in this case. Alliance shall submit an appropriate
protective order.
2.

That on or before January 3, 2017, Alliance shall produce complete

information detailing how much Roberts (and his employer, Deloitte) were paid for the
internal investigation.
3.

That the Alliance parties must wait until their last allotted trial day to put

on Roberts, in order to give the Stonehenge Parties sufficient time to review the reports
and statements produced on January 3, 2017.
4.

That the following restrictions are imposed on Mr. Roberts’ testimony:
A. Mr. Roberts may “testify about the extensive process and procedure he

undertook to uncover [Fenkell’s] scheme, not to the facts he found.” Mr. Roberts may
not offer opinions, lay or expert, on these processes and procedures.
B. Mr. Roberts may testify to the fact that he supplied his reports verbally
to Alliance agents or directors. He may not testify about the reaction of any Alliance
witnesses to the results of his reports.

BY THE COURT:

s/Richard A. Lloret
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RICHARD A. LLORET
UNITED STATES MAGISTRATE JUDGE