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ONE BEACON INSURANCE CO. v. OLD WILLIAMSBURG CANDLE CORP.

United States District Court, S.D. New York


June 24, 2005.

ONE BEACON INSURANCE COMPANY, Plaintiff,
v.
OLD WILLIAMSBURG CANDLE CORPORATION, et al., Defendants.

The opinion of the court was delivered by: LEWIS KAPLAN, District Judge

ORDER

Plaintiff moves in limine to preclude trial testimony by Emanuel Palmieri "about an agency agreement between One Beacon and Elite Insurance Agency, Inc." and to exclude unspecified portions of that individual's 389-page deposition "that concern the agency agreement."

It would not be appropriate to preclude trial testimony about the agency agreement without knowing what that testimony, should any be offered, would be. Nor is it appropriate to ask to the Court to attempt to figure out which parts of a 389-page deposition should be foreclosed in circumstances in which it is far from clear that at of it would be offered at trial.

  The motion [docket item 20] is denied without prejudice to any objections plaintiff cares to make at trial should any such evidence be offered.

  SO ORDERED.

20050624

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