Opinion
1 JD 24
03-13-2024
ORDER CONCERNING OMNIBUS PRE-TRIAL MOTION
Ronald S. Marsico, P. J. Conference Judge
AND NOW, this 13th day of March 2024 with respect to the Omnibus Pre-Trial Motion of Respondent Saveikis:
It is ORDERED that:
1. Concerning discovery, at the end of the sixty (60) day period for discovery currently underway Respondent Saveikis may make specific objections to any deficiencies in the discovery provided him;
2. Concerning the burden of proof in this case, the burden is constitutionally mandated as "clear and convincing evidence." Article V, Section 18(b)(5);
3. Respondent's Motion to Dismiss Count 1, based on the affirmative defenses of the statute of limitations or laches, is dismissed as consideration of such defenses must be made based on a factual record which record has not yet been developed; and, 4. Respondent's Motion to Dismiss Count 8 of the Complaint, alleging that he brought disrepute upon the judiciary, is also dismissed for lack of an adequate factual background at this time.
Wherefore, the Omnibus Pre-Trial Motion of Respondent Saveikis is Dismissed as set forth in this Order.