United States District Court, S.D. New York
June 24, 2005.
ONE BEACON INSURANCE COMPANY, Plaintiff,
OLD WILLIAMSBURG CANDLE CORPORATION, et al., Defendants.
The opinion of the court was delivered by: LEWIS KAPLAN, District Judge
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.
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