Opinion
01 Civ. 10137 (LAK)
January 27, 2004
ORDER
Defendants have moved in limine to preclude the proposed testimony of Richard Battaglia. The Court already has ruled on the motion insofar as it related to the proposed evidence in chief. There remains for determination the matter of his proposed rebuttal deposition. That aspect of the motion is resolved as follows:
Plaintiff may read in evidence on its rebuttal case page 11, line 23, through page 18, line 3. Should it do so, defendants may read in evidence all or part of page 20, line 8 through page 29, line 7 and page 29, line 20 through page 39, line 13. Should they do so, plaintiffs may read in evidence any responsive portions of the following parts of the deposition:
page 42, line 15 through page 43, line 4
page 43, line 23 through page 47, line 8
page 47, line 15 through 47, line 23
page 48, line 6 through page 48, line 20
SO ORDERED.