Opinion
18 Civ. 5831 (PAE)
07-29-2021
PARTNER REINSURANCE COMPANY LTD., Plaintiff, v. RPM MORTGAGE, INC., LENDUS, LLC, ERWIN ROBERT HIRT, TRACEY HIRT, and THE ROBERT HIRT AND TRACEY NAJARIAN HIRT REVOCABLE LIVING TRUST, Defendants. LENDUS, LLC, Counterclaim Plaintiff, v. PARTNER REINSURANCE COMPANY LTD., Counterclaim Defendant.
ORDER
PAUL A. ENGELMAYER, District Judge:
The Court has received counsels' letter of July 28, 2021 regarding the means by which witnesses will give direct testimony at the upcoming bench trial. Dkt. 162. Counsel asked whether the Court's order of July 21, 2021 anticipates (1) that all non-third-party witnesses will give their direct testimony by affidavit, save for Mary Jo Hudson and Tim Dwyer, whose direct testimony would be live; or (2) that all witnesses would give live direct testimony, with the exception of Ms. Hudson and Mr. Dwyer. See Dkt. 161. The Court clarifies that Ms. Hudson and Mr. Dwyer are expected to give direct testimony live, whereas other witnesses' direct testimony will be by affidavit. The Court further approves deposition designations for any witnesses for whom Rule 32 permits their use at trial.
SO ORDERED.