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 6, 2003
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 morning, Wednesday, May 7, 2003.
3. Motion to Exclude All References to Sales Revenue and Net Income
Certain distributor defendants move to exclude all references to their sales revenue and net income. The motion is granted. Sales revenue should be redacted where it appears in documents admitted into evidence. The Dun & Bradstreet Reports are excluded. Plaintiff has leave to move to include those reports on a case by case basis.
4. Motions for Judgment and to Dismiss
Decision is reserved on the following motions submitted on the papers and argued: defendants' motion for judgment; defendant Fabbrica d'Armi Pietro Beretta S.p.A.'s motion for judgment; distributor defendants' motion for judgment on partial findings; importer defendants' motion for judgment; MKS Supply Inc.'s motion for judgment on partial findings; Arms Technology Inc.'s and Browning Arms Company's motion for judgment as a matter of law; CZ-USA, Inc.'s motion for judgment; and Excel Industries, Inc.'s motion for judgment. Decision is also reserved oral motions for judgment or to dismiss by the following defendants: Forjas Taurus SA; Heritage Manufacturing, Inc.; Taurus International Manufacturing; Charco 2000, Inc.; L.W. Seecamp Company, Inc.; and SGS Imports International Inc.
Hammerli Ltd.'s oral motion to dismiss is granted.
There is only a single RSR entity defendant, RSR Group, Inc. RSR Managment Corp. and RSR Wholesale, Inc. are removed from the proposed verdict sheet.
Plaintiffs claims against Arcadia Machine & Tool, Inc.; International Armament Corp.; Leinad, Inc.; Llama Gabilondo y Cia; Navy Arms Company, Inc.; Rossi S.A.; Sylvia Daniel; Uberti Aldo; and Uberti (USA) Inc. will not be submitted to the jury. No, or insufficient, evidence was presented against these defendants at trial. These defendants are severed. Motions for default or to dismiss with respect to them will be heard separately on papers.
4. Jury Charge
Plaintiffs and defendants' motions for the use of their respective proposed jury charges is denied. The court's proposed charge as modified orally on the record in response to parties objections and requests will be used. The parties' continuing objections are noted.
The parties' contentions will be inserted into the charge as submitted.
Pietro Beretta's request to seal certain confidential documents and any new motions filed will be heard on Wednesday, May 7, 2003, at 8:45 a.m.
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