Free Order on Motion for Miscellaneous Relief - District Court of Arizona - Arizona

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

BILTMORE ASSOCIATES, L.L.C., as ) Trustee for the Visitalk Creditors' ) Trust, ) ) Plaintiff, ) ) vs. ) ) PETER THIMMESCH, et al., ) ) Defendants. ) ____________________________________)

No. 2:02-cv-2405-HRH

O R D E R Motion to Exclude Testimony of Williams; ­ and ­ Motion to Strike Designation of Witnesses Defendant Snell & Wilmer moves to exclude the testimony of Michael Williams and to exclude documents sponsored by him.1

Defendant also moves to strike plaintiff's designation of seven additional witnesses: Mayo, Hoffman, York, Truesdell, Freed, Love, and Turley.2 Both motions are opposed. Plaintiff moves in the

alternative for leave to call Williams as a witness and offer the documents he would sponsor.3 Oral argument has been requested as

to these motions, but is deemed unnecessary due to the nature of the motions and the completeness of the parties' presentations.
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Docket No. 412. Docket No. 437. Docket No. 421. - 1 -

2

3

Case 2:02-cv-02405-HRH

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In the interest of providing counsel with an early ruling on the foregoing motions, this summary order is being entered. will be followed by a decision explaining the court's rulings. The motion to exclude Williams' testimony and documents is granted. The The motion to allow Williams to testify is denied. motion to strike the witness designations of Mayo, The It

Hoffman, York, Truesdell, Freed, Love, and Turley is granted. requests for oral argument are denied.

DATED at Anchorage, Alaska, this 5th day of February, 2008.

/s/ H. Russel Holland United States District Judge

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Case 2:02-cv-02405-HRH

Document 446

Filed 02/05/2008

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