Citizens Community Federal v. Silver, Freedman & Taff, L.L.P. et al

Filing 141

ORDER denying 139 Motion to Strike by Plaintiff Citizens Community Federal. Signed by District Judge Barbara B. Crabb on 4/18/2014. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --CITIZENS COMMUNITY FEDERAL,
ORDER
Plaintiff,
12-cv-648-bbc
v.
SILVER, FREEDMAN & TAFF, L.L.P.,
BARRY P. TAFF, P.C. and NANCY M. STILES, P.C.,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --On April 17, 2014, defendants Silver, Freedman and Taff, L.L.P.; Barry P. Taff, P.C.; and
Nancy M. Stiles, P.C. filed two briefs, one on the use of 12 C.F.R. § 563.39 and one on the date
of accrual for statute of limitations on the breach of fiduciary duty claim. Plaintiff Citizens
Community Federal has filed a letter in which it asks for guidance in responding to defendants’
briefs, dkt. #138, and, in addition, a motion to strike defendants’ filings, dkt. #139.
With respect to the 12 C.F.R. § 563.39 issue, defendants’ brief was not prejudicial to
plaintiff because it has prevailed on that issue. Dkt. #140. With respect to the statute of
limitations issue, plaintiff says that defendants’ brief on the statute of limitations defense
was “unsolicited” and “untimely” because it should have been filed on April 14, 2014, the
deadline for briefs on 12 C.F.R. § 563.39. Plaintiff has mischaracterized the facts: the court
solicited briefs on the subject and did not set a deadline for the filing. Further, there is no
unfair prejudice to plaintiff because defendants included a verdict question on the statute

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of limitations in its trial materials. With respect to the substance of defendants’ brief, I am
persuaded that defendants have made an adequate showing that an instruction and verdict
question on the statute of limitations are warranted. If plaintiff still has an objection and
believes that resolution is necessary before trial, it can raise the before trial begins on April
21, 2014. If its objection is limited to the instruction only, plaintiff may raise it at the
instruction conference.
The parties are advised that they are not permitted to raise issues that change the
scope of the claims and defenses at trial. If they have not raised the issue before now, either
in writing or orally at the final pretrial conference, they have forfeited it.

ORDER
IT IS ORDERED that plaintiff Citizens Community Federal’s motion to strike, dkt.
#139, is DENIED.
Entered this 18th day of April, 2014.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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