U.S. Bank National Association v. PHL Variable Insurance Company et al
| U.S. Bank National Association |
| PHL Variable Insurance Company |
| 1:2013cv01580 |
| March 8, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Colleen McMahon |
| Insurance |
| 28 U.S.C. ยง 1332 Diversity-Insurance Contract |
| Plaintiff |
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Filing
210
DECISION AND ORDER re: 182 MOTION in Limine Nos. 1-6. filed by PHL Variable Insurance Company, 179 MOTION in Limine . filed by U.S. Bank National Association.For the reasons stated herein: Phoenix's motion for judgment on the pleadings is DENIED; U.S. Bank's first motion in limine is DENIED; U.S. Bank's second motion in limine is GRANTED; U.S. Bank's third motion in limine is DENIED; U.S. Bank's fourth motion in limine is DENIE D; U.S. Bank's fifth motion in limine is GRANTED IN PART to the extent that paragraphs III(1), VI, VI(1-3), VI(6), and VII(16) of Foster's report and related testimony are excluded and is otherwise DENIED; U.S. Bank's sixth m otion in limine DENIED without prejudice to renewal at trial; U.S. Bank's seventh motion in limine is GRANTED IN PART and DENIED IN PART as set forth more fully in the opinion; Phoenix's first month in limine is GRANTED IN PART to t he extent that Plaintiff's Exhibit #32 is excluded and is otherwise DENIED; Phoenix's second motion in limine is GRANTED IN PART to the extent that Plaintiff's Exhibits ##33, 44, 44A, and 71 are excluded and is otherwise DENIED; Phoenix's third motion in limine is DENIED; Phoenix's fourth motion in limine is DENIED; Phoenix's fifth motion in limine is GRANTED IN PART and DENIED IN PART as set forth more fully in the opinion; Phoenix's sixth moti on in limine is DENIED. (As further set forth in this Order.) The Clerk of the Court is directed to remove the motions as Docket ##179, 182 in No. 13 Civ. 1580 and Docket ##386, 389, 398 in No. 12 Civ. 6811 from the court's list of pending motions. (Signed by Judge Colleen McMahon on 6/22/2015) (kgo)
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Filing
81
MEMORANDUM AND ORDER denying 58 Motion to Preclude; denying 61 Motion to Compel: For the foregoing reasons, PHL's motion to preclude (Docket no. 253 in 12 Civ. 6811, Docket no. 58 in 13 Civ. 1580) is denied. PHL's motion to compel (Dock et no. 256 in 12 Civ. 6811, Docket no. 61 in 13 Civ. 1580) is denied without prejudice to PHL submitting a letter demonstrating the relevance of the non-privileged information it seeks within three days of the date of this Order. (Signed by Magistrate Judge James C. Francis on 10/3/2013) Copies Mailed By Chambers. (tn)
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