Free Trial Brief - District Court of Connecticut - Connecticut

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 1 of 10

Respectfully submitted,

THE PLAINTIFF BROADWAY THEATRE CORPORATION By Peter C. Spodiek (ct408103) 8 I-laze! Terrace Woodbridge, Connecticut 06525 203 387 5714

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 2 of 10

CERTIFICATE OF SERVICE

This is to certif~'hat a true ands correct copy of the foregoing was served by first~c1ass t mail on March 3, 2003 to:

Richard Bowerman Elizabeth Andrews TylerCooper & Alcorn 205 Church Street Post Office 1936 New Haven, Connecticut 06509 Jonathan H. Beamon Assistant Corporate Counsel Office of Corporation Counsel 165 Church Street, 4th Floor New Haven, Connecticut 06510

Peter C. Spodick (ct408103) 8 Hazel Terrace Woodbridge, Connecticut 06525 203 387 5714

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 3 of 10

CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing was hand-delivered on November 14, 2003 to the following: Peter C. Spodick, Esq. 592 Central Avenue New Haven, CT 06515 Ben A. Solnit ct00292

6

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 4 of 10

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 5 of 10

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT BROADWAY THEATRE CORP., Plaintiff v. BUENA VISTA PICTURES DISTRIBUTION, et al., Defendants : Civil Action No.: 3:00-C V-00706 (SRU)

:

November 14, 2003

MOTION IN LIMINE TO EXCLUDE TESTIMONY BY PLAINTIFF'S TRIAL COUNSEL Pursuant to Paragraph 11 ofthis Court's Pre-Trial Order, defendants respectfully request the entry of an order precluding plaintiff's trial counsel Peter C. Spodick, from offering testimony as a witness at this trial. As set forth in the memorandum of law accompanying this motion, such testimony is barred by Local Rule 83.13.

ORAL ARGUMENT IS REQUESTED

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 6 of 10

THE DEFENDANTS, BUENA VISTA PICTURES DISTRIBUTION, et a!. BY: N Richard W. Bowerman (ct04181) Ben A. Solnit (ct00292 Elizabeth K. Andrews (ct20986) Tyler Cooper & Alcom, LLP 205 Church Street P.O. Box 1936 New Haven, CT 06509-1910 Tel. No.: 203.784.8200 Fax. No.: 203.865.7865 E-Mail: [email protected] [email protected] [email protected]
/

2

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 7 of 10

CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing was hand-delivered on November 14, 2003 to the following: Peter C. Spodick, Esq. 592 Central Avenue New Haven, CT 06515

Ben A. Solnit ct00292

3

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 8 of 10

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT BROADWAY THEATRE CORP., Plaintiff
V.

:

Civil Action No.: 3:00-CV-00706 (SRU)

BUENA VISTA PICTURES DISTRIBUTION, et al., Defendants

:

November 14, 2003

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY BY PLAINTIFF'S TRIAL COUNSEL I. INTRODUCTION

On November 10, 2003, plaintiff for the first time produced a list of witnesses to include in the pre-trial memorandum in this case. The second name listed is plaintiff's trial counsel, Peter C. Spodick. Plaintiff's "final" witness list, received on November 13, 2003, continues to list Peter Spodick as its second witness. II. ARGUMENT

Local Rule 83.13(b)(1) provides in relevant part: If, after undertaking employment in contemplated or pending litigation, a lawyer learns orit is obvious that he or she ought to be called as a witness on behalf of the client, he or she shall withdraw from the conduct of the trial and the law firm shall not continue representation in the trial....
...

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 9 of 10

Mr. Spodick is plaintiff's sole trial counsel. He is also a solo practitioner. Application of Rule 83.13 in light of plaintiff's witness list would therefore leave the plaintiff without a lawyer. Defendants respectfully submit that the purposes ofthe Rule could be equally fulfilled by excluding Mr. Spodick from acting as a witness in this case. Plaintiff's witness list currently contains 62 names. Reducing this number by one would not prejudice plaintiff in the presentation ofits case at trial. Allowing Mr. Spodick to serve as both lawyer and witness, however, would violate a fundamental rule of this Court's jurisprudence and would prejudice defendants by erasing in Mr. Spodick's case the boundary between advocate and witness. III. CONCLUSION

For the foregoing reasons, defendants' motion in limine should be granted. THE DEFENDANTS, BUENA VISTA PICTURES DISTRIBUTION, et a!. BY:
_____________

Richard W. Bowerman (ct04181) Ben A. Solnit (ct00292 Elizabeth K. Andrews (ct20986) Tyler Cooper & Alcorn, LLP 205 Church Street P.O. Box 1936 New Haven, CT 06509-1910 Tel. No.: 203.784.8200 Fax. No.: 203.865.7865 E--Mail: ~c~r~ft~? tylercoopcr.com
[email protected]

-- ---

I

Case 3:00-cv-00706-SRU

Document 84-11

Filed 11/10/2003

Page 10 of 10

CERTIFICATE OF SERVICE This is to certify that a true and accurate copy of the foregoing was hand-delivered on November 14, 2003 to the following: Peter C. Spodick, Esq. 592 Central Avenue New Haven, CT 06515

~Solnitct0

292

3