Free Order - District Court of Federal Claims - federal

Case 1:92-cv-00550-MCW

Document 132

Filed 10/18/2006

Page 1 of 1

In the United States Court of Federal Claims
No. 92-550C (Filed October 18, 2006) **************************** NORTHEAST SAVINGS, F.A., Plaintiff, v. THE UNITED STATES, Defendant. * * * * * * * * * * *

* * * * * * * * * * * * * * * * * * * * * * ** * * * * _________________________________________________________________ ORDER GRANTING IN PART PLAINTIFF'S MOTION TO DESIGNATE TESTIMONY FOR TRIAL _________________________________________________________________ On August 11, 2006, Plaintiff filed a motion for leave to file excerpts of deposition testimony for use as substantive evidence in the upcoming trial. Specifically, plaintiff requested to use excerpts from the depositions of Brent Beesley, Raymond H. Elliott, Ralph R. Gridley, John E. Ryan, James Ware, Richard Riccobono, John Burke, Ford Peckham, Michael Moriarty and Thomas Kovac. During the pretrial conference the Court deferred ruling on the admissibility of excerpts from the depositions of Brent Beesley, Raymond H. Elliott, Ralph R. Gridley and Ford Peckham pending further development of the record. The Court orally ruled that excerpts of deposition testimony of John E. Ryan, James Ware, Richard Riccobono, John Burke and Michael Moriarty were admitted pursuant to FRE 801(d)(2)(D). Because Mr. Kovac will testify at trial, the Court deferred ruling on the admissibility of his deposition excerpt in light of Defendant's objection under FRE 403. Any deposition excerpts which have been admitted shall be read into the record during trial. s/Mary Ellen Coster Williams MARY ELLEN COSTER WILLIAMS Judge