Clark Distribution Systems, Inc. v. ALG Direct, Inc. et al

Filing 136

ORDER granting deft's motion in limine 82 seeking permission to use depo testimony of Patrick Del Monico & Shaun McGuire @ trial by agreement of parties. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/27/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

CLARK DISTRIBUTION SYSTEMS,
INC.,
Plaintiff
v.
ALG DIRECT, INC.,
Defendant

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CIVIL ACTION NO. 1:10-CV-2575
(Judge Conner)

ORDER
AND NOW, this 27th day of August, 2014, upon consideration of defendant’s
motion in limine (Doc. 82) seeking permission to use deposition testimony of Patrick
Del Monico and Shaun McGuire at trial in place of live testimony pursuant to Federal
Rule of Civil Procedure 32, see FED . R. CIV . P. 32(a)(4)(B) (allowing the use of a witness
deposition at trial when “the witness is more than 100 miles from the place of . . .
trial”), and further upon consideration of plaintiff’s response (Doc. 86) wherein

plaintiff indicates that it concurs with the relief requested,1 it is hereby ORDERED
that defendant’s motion (Doc. 82) is GRANTED by agreement of the parties.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

1

In its response, plaintiff notes its intention to use additional deposition
testimony of Patrick Del Monico, taken in a separate matter between defendant and
a third party. The court grants defendant’s motion to the extent concurred by
plaintiff and declines to address the admissibility of this additional testimony
because plaintiff has not formally moved for permission to use such testimony. See
FED . R. CIV . P. 32(a)(8); FED . R. EVID . 804(b)(1).
2