United States District Court, Eastern District of New York
May 7, 2003
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, PLAINTIFF
A.A. ARMS INC., ET AL., DEFENDANTS. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, PLAINTIFF, V. ACUSPORT CORP., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Jack Weinstein, Senior District Judge
MAY 7, 2003
Motions were heard on Wednesday, May 7, 2003, at 8:45 a.m. The following rulings were made for the reasons stated orally on the record at the hearing.
1. Requests to Seal
Fabbrica d'Armi Pietro Beretta S.p.A.'s ("Pietro Beretta") proposed order to seal certain trial exhibits relating to Pietro Beretta S.p.A. or to Beretta U.S.A. Corp., Court Exhibit 3 of 5/7/03, is signed. The documents designated as confidential will be available to the jury and the court in unredacted form, but will be redacted as placed in the public record. Court Exhibit 23 of 5/6/03, Pietro Beretta's previous request to seal will not be signed.
Taurus International Manufacturing, Inc. and Braztech International, L.C. move to seal plaintiffs exhibits 997, 998, 1014, 1018, and 1034, spreadsheets prepared for this litigation containing sales volume by model number for the relevant time period. They and any other defendants requesting that specific confidential documents be sealed may submit proposed orders following the pattern of the Pietro Beretta order, with unredacted documents to be made available to the court and jury but redacted for placement in the public record. Copies of the documents as redacted should be shown first to plaintiff so that it may object if it finds a particular redaction inappropriate.
2. Other Evidentiary Issues
The court's ruling of May 6, 2003 excluding evidence of sales revenue and net income does not apply to the document in the redwell files marked Gundlach 9 through Gundlach 11 showing that Colt's Manufacturing Co., Inc. relies on inventory and sales by distributors.
3. Closing Arguments
Plaintiffs motion to preclude any attorney present at industry meetings with Robert Ricker from arguing in closing with respect to Mr. kicker's testimony is denied. It is expected that all attorneys will rely only on evidence in the record during their summations.
Plaintiffs request that defendants' closing arguments be terminated at 4:45 p.m. so that plaintiff has fifteen minutes for rebuttal today is denied. The court will not cut short any argument of reasonable length.
4. Jury Charge
Defendants' objection to the inclusion of Lorcin Engineering Co., Inc. ("Lorcin") on the verdict sheet is overruled. Lorcin figures significantly in the analyses of plaintiffs experts.
Minor changes to the court's proposed charge as modified pursuant to the court's rulings orally on the record at the charging conference held yesterday, May 6, 2003, were made as detailed orally on the record. The parties' continuing exceptions are noted. If parties wish to propose any further changes to the charge, they must submit them by the end of the day today, Wednesday, May 7, 2003, 50 that the charge can be copied for distribution to the jury.
The order to seal confidential documents produced by Taurus International Manufacturing, Inc. and Braztech International, L.C. and any other remaining evidentiary matters should be presented to the court tomorrow, Thursday, May 8, 2003.
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