Opinion
Civil Action No. 99-2496 (GK).
September 16, 2004
ORDER #654
This matter comes before the Court on the parties' Joint Motion Regarding Supplementation of Trial Exhibit Lists. Upon consideration of this motion, it is this 16th day of September, 2004, hereby ordered:
1. Each side may disclose up to the following maximum number of Exhibits between now and the conclusion of the trial in this matter (the "Subsequently Identified Exhibits"):
a. For Plaintiff: 600
b. For all Defendants except Liggett Group, Inc.: 500
c. For Liggett Group, Inc.: 100
2. Exhibit Lists for Subsequently Identified Exhibits and the Subsequently Identified Exhibits shall be identified and served on opposing parties as prescribed by Order #470 and this Order.
3. No Subsequently Identified Exhibit shall be offered for admission at trial any earlier than ten (10) days after the Exhibit List containing it was served on opposing parties; provided, however, that this shall not prohibit a party from using a Subsequently Identified Exhibit in its opening statement as long as an Exhibit List containing the Subsequently Identified Exhibit was served on the opposing side at least five (5) days prior to the offering party's opening statement. If any party objects to the public disclosure of any such Subsequently Identified Exhibit in any opening statement on grounds of confidentiality, the parties will present that objection to the Court for ruling at least 48 hours in advance of the opening statement in which the Subsequently Identified Exhibit is to be used.
4. All objections to any Subsequently Identified Exhibit, including without limitation those relating to authenticity and privilege, shall be asserted at the time the Subsequently Identified Exhibit is offered for admission at trial pursuant to Order #471. Rulings on any such objections shall be made as prescribed in Order #471.
5. The provisions of Order #638 shall apply to any Information in any Subsequently Identified Exhibit that a Defendant designates as Confidential Information or Highly Sensitive Information; provided, however,
a. The designation of any Subsequently Identified Exhibit as containing Confidential Information or Highly Sensitive Information shall be provided on the Exhibit List for that Subsequently Identified Exhibit; and
b. The Defendant shall file with the Court and Plaintiff (under seal if necessary) any evidence and materials supporting its designations, along with proposed findings for the Court in accordance with the time period prescribed in Order #638 for any Subsequently Identified Exhibit identified on any Exhibit List served before October 1, 2004, and within ten (10) days of service of any Exhibit List for any Subsequently Identified Exhibit containing the information designated as Confidential Information or Highly Sensitive Information served on or after October 1, 2004.
6. The parties may not include voluntarily produced documents produced after the June 1, 2004 deadline specified in Order #470 as Subsequently Identified Exhibits pursuant to this Order. The parties reserve their rights to file or oppose motions separately seeking to add such voluntarily produced documents as trial exhibits.