giuffre-maxwell
gov.uscourts.nysd.447706.689.0
42 pg
…Circuit Case Law from LiButti v. United States Permits
Calling a Witness for Purposes of Obtaining Adverse Inferences.......................... 7
B. Federal Law Rather than New York Law Controls the Evidentiary Issue of
Whether Can Be Called as Witnesse…
giuffre-maxwell
gov.uscourts.nysd.447706.1219.8
29 pg
…The objections and responses to the RFPs are proper. ................................................ 1
A. RFP No. 1: Documents defense counsel “reviewed and/or relied upon” in a phone
call with Plaintiff’s counsel. ...................................................................................... 1
…
giuffre-maxwell
gov.uscourts.nysd.447706.1008.0
5 pg
…the definition of judicial documents
as articulated in Brown. When filed, motions “call upon the court to exercise its Article III powers”
because they call for and intend to influence judicial decision-making. See Brown, 929 F.3d at 50.
“…
giuffre-maxwell
gov.uscourts.nysd.447706.1050.0
12 pg
…your Honor.
12 THE COURT: Good. Our thought was also following this
13 call, we should docket the final protocol and the forms that we
14 have come up with so that it's out there for everyone to see…
giuffre-maxwell
gov.uscourts.nysd.447706.1074.0
18 pg
…noting
that, regardless of whether this Court grants the Rule 15 Motion, “they will call Jane Doe No. 3
as a witness at any trial.” (DE 311 at 17 n.7). The necessary “participation” of Jane Doe 3 and
Jane…
giuffre-maxwell
gov.uscourts.nysd.447706.1166.0_1
14 pg
…gossip arising from a compelled deposition.
2
The parties attempted to call the court for a ruling during the deposition but were
advised by chambers to “bring any issue to him after the conclusion of the deposition.” See 316-
6…
giuffre-maxwell
gov.uscourts.nysd.447706.1067.0
10 pg
…20 Page 7 of 10
All of the documents at issue appear to have been submitted to the Court for purposes of
an adjudication call upon the court to exercise its Article III powers and are judicial documents.3
Ms…
giuffre-maxwell
gov.uscourts.nysd.447706.977.1
25 pg
…issuance of our mandate, a minimally redacted version of the
summary judgment record will be made accessible on the Court of Appeals docket.
We have implemented minimal redactions to protect personally identifying
information such as personal phone numbers, contact lists…
giuffre-maxwell
gov.uscourts.nysd.447706.995.0
11 pg
…As the court explained,
All such motions, at least on their face, call upon the court to exercise its Article III
powers. Moreover, erroneous judicial decision-making with respect to such
3
Case 1:15-cv-07433-LAP Document…
giuffre-maxwell
gov.uscourts.nysd.447706.185.4
10 pg
…noting
that, regardless of whether this Court grants the Rule 15 Motion, “they will call Jane Doe No. 3
as a witness at any trial.” (DE 311 at 17 n.7). The necessary “participation” of Jane Doe 3 and
Jane…
giuffre-maxwell
gov.uscourts.nysd.447706.1198.25_1
13 pg
…refers to
specific records that might include the remaining responsive information.
Second, the Interrogatories do not call for business records: they call for the identification
of treatment providers and specific information about the treatment provided. In re Savitt/Adler
Litig.…
giuffre-maxwell
gov.uscourts.nysd.447706.542.5
11 pg
…noting
that, regardless of whether this Court grants the Rule 15 Motion, " they will call Jane Doe No. 3
as a witness at any trial." ( DE 311 at 17 n.7). The necessary " participation" of Jane Doe 3 and
Jane…
giuffre-maxwell
gov.uscourts.nysd.447706.968.0_1
26 pg
…issuance of our mandate, a minimally redacted version of the
summary judgment record will be made accessible on the Court of Appeals docket.
We have implemented minimal redactions to protect personally identifying
information such as personal phone numbers, contact lists…
giuffre-maxwell
gov.uscourts.nysd.447706.978.0
27 pg
…issuance of our mandate, a minimally redacted version of the
summary judgment record will be made accessible on the Court of Appeals docket.
We have implemented minimal redactions to protect personally identifying
information such as personal phone numbers, contact lists…
giuffre-maxwell
gov.uscourts.nysd.447706.363.4
11 pg
…noting
that, regardless of whether this Court grants the Rule 15 Motion, “they will call Jane Doe No. 3
as a witness at any trial.” (DE 311 at 17 n.7). The necessary “participation” of Jane Doe 3 and
Jane…
giuffre-maxwell
gov.uscourts.nysd.447706.977.0
27 pg
…issuance of our mandate, a minimally redacted version of the
summary judgment record will be made accessible on the Court of Appeals docket.
We have implemented minimal redactions to protect personally identifying
information such as personal phone numbers, contact lists…
giuffre-maxwell
gov.uscourts.nysd.447706.1074.5
11 pg
…noting
that, regardless of whether this Court grants the Rule 15 Motion, “they will call Jane Doe No. 3
as a witness at any trial.” (DE 311 at 17 n.7). The necessary “participation” of Jane Doe 3 and
Jane…