Free Response to Motion - District Court of Arizona - Arizona

I THE MARK LAW FIRM
14210 West Piccadilly
2 Goodyear, Arizona 85338
3 Telep one: (623) 210-4600
Eric A. Mark, 014839
4 Attomeys for Defendant Hartford Casualty Insurance Company
5 u
6 IN THE UNITED STATES DISTRICT COURT A
7 IN AND FOR THE DISTRICT OF ARIZONA
8 SG NEW YORK LLC, a Delaware limited CV 2003- 1207 PHX SMM
liability company, and the successor-in-
9 interest to Pennysaver News of DEFENDANT’S RESPONSE TO
Brookhaven, Inc., and Carrier Pigeon of PLAINTIFF’S MOTION IN LIMINE
10 Long Island, LLC, TO REJECT JURY INSTRUCTIONS
ll Plaintiff,
12 vs.
13 HARTFORD CASUALTY
INSURANCE COMPANY, an Indiana
14 corporation,
15 Defendant.
16 Defendant, Hartford Casualty Insurance Company ("Hartford"), by and through its
17 counsel undersigned, responds to Plaintiff’s purported Motion in Limine to reject certain
18 jury instructions submitted by Hartford in this action. Hartford asks this Court to deny j
19 Defendant’s Motion, as the evidence supporting Defendant’s proposed selections from
20 the New York Pattem Jury Instructions will be admitted during trial. With the exception
21 of PJI 1:55, regarding Plaintiff’ s June 7, 2002 email to its expert witness, Plaintiff does
22 not appear to obj ect to the evidence underlying the proposed jury instructions. Therefore,
23 Hartford requests this Court to deny Plaintiff’ s Motion now, and determine the propriety
24 of proposed jury instructions at the conclusion of the evidence submitted at trial.
25 Furthermore, Hartford has no objection to Plaintiffs Motion to use the deposition
26 testimony of its New York witnesses at trial in this case. However, Hartford has
Case 2:03-cv-01207-SIVIIVI Document 74 Filed 08/O2/2005 Page 1 of 2 {

1 submitted its objections to some of Plaintiffs deposition designations in the Proposed
2 Pretrial Order. Additionally, by virtue of Plaintiffs July 22 notice that Mr. Megenedy
3 will not appear live at trial, the parties have agreed that Hartford will file its own
4 designations of Megenedy’s deposition, along with objections, if any, by Monday,
5 August l, 2005.
/ $I
6 RESPECTFULLY SUBMITTED this day of August, 2005.
7 THE MARK LAW FIRM
8
9 ·
Eric A. Mark
10 Attorneys fo Defendant Hartford
E >_ Q ll Casualty Company
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E § E é 13 Original and one copy of the foregoing filed
Q 3 gr 14 this ]_ day ofAugust, 2005 .
H -—· ¤ ‘ SL
O COPY of the foregoing mailed this [ day
15 of August, 2005, to: _
16 John Clemencéy, Escié
Taijrédeen Ola iran, sq.
17 G ENBERG TRAURIG, LLP
2375 East Camelback Road, Suite 700
18 Phoenix, AZ 85016 l
19 Attorneys for Plaintiff SG New York, LLC i
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Case 2:03-cv-01207-SIVIIVI Document 74 Filed 08/O2/2005 Page 2 of 2 I

Case 2:03-cv-01207-SMM

Document 74

Filed 08/02/2005

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Case 2:03-cv-01207-SMM

Document 74

Filed 08/02/2005

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