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N.A.A.C.P. v. A.A. ARMS INC.

May 7, 2003

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, PLAINTIFF
v.
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 6, 2003 ORDER
Motions were heard on Tuesday, May 6, 2003. The following rulings were made for the reasons stated orally on the record at the hearing.

1. Evidentiary Matters

Plaintiff moves certain exhibits used during the testimony of Dr. Fagan into evidence, They are marked as Fagan 40, 41, 42, 32, 46, and 47 and are admitted. Plaintiffs exhibit 682, Southern Ohio Guns' responses to plaintiffs first set of interrogatories, is in evidence.

Defendants' exhibit marked 1001, the transcript of the recorded deposition testimony of Robert Morrison for Taurus International Manufacturing, Inc. is admitted for the court and the record for appeal. Defendants' exhibits 45 and 46, affidavits of Mr. Vince submitted in connection with the Hamilton litigation, are admitted as further ordered redacted orally on the record and may be placed in the juror's notebooks. Also admitted are the exhibits marked CLT 030 and CLT 031, Colt's Manufacturing Co., Inc.'s ("Colt's") current distributor agreement and attachment; EXC 5, an Excel Industries document titled "Discharge of Debtor;" Clock 6 and 7; and SIG 2, corporate documents. Magnum Research 26, print outs of the complete website of Magnum Research Inc., is admitted under the rule of completeness. See Fed.R.Evid. 106.

The court will take judicial notice of the complaint and the decision of the New York Supreme Court, New York County in People of the State of New York v. Sturm, Ruger & Co., Index No. 402586/00 (N.Y.Sup.Ct. Aug. 10, 2001). See Fed, R. Evid. 201. These documents will not, however, be available to the jury.

Unless specific objections are brought to the attention of the court, it will be assumed that the parties have agreed on a complete list of exhibits admitted into evidence and witnesses to be submitted to the jury for use during their deliberations.

2. Dr. Wecker's Exhibits

The following exhibits used during the testimony of defendants' expert witness Dr. Wecker are in evidence: defendants' exhibits 700, 769, 768, 773, 756, 775, 714, 707, 778, 545, 566 (3 pages), 779, 555, 767, 715, 765 (two pages), 726, and 442. Defendants' exhibits 771, 777, 758, 759, 760, 761, 762, 763, 764, 765, and 770 are pedagogical; they may be used in argument, but are not admitted into evidence.

Defendants' exhibits 781 and 782 are admitted as ordered redacted orally on the record. The word "corrected" must be removed from the title of each, and both must be clearly identified as the work of Dr. Wecker.

Defendants' exhibit 727 is excluded; Dr. Wecker may rely on the document see Fed.R.Evid. 703, but it will not be admitted because it is confusing and was sufficiently discussed during Dr. Wecker's testimony. Also excluded is defendants' exhibit 444.

2. Requests to Seal

At the request of Colt's, the stipulation to seal those Colt's documents agreed to be confidential by the parties is signed subject to modification by the court.

Fabbrica d'Armi Pietro Beretta's request to seal certain documents and plaintiffs objections, if any, will be heard tomorrow ...


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