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Goldenson v. Steffens

United States District Court, District of Maine

July 9, 2014

DANIEL R. GOLDENSON, et al., Plaintiffs,
v.
JOHN L. STEFFENS, et al., Defendants.

Plaintiff Daniel R Goldenson: Alfred Cecil Frawley, IV McCloskey, Mina, Cunniff, LLC, Jay P. McCloskey, Shaun Garry, Thimi R. Mina.

Plaintiff Suzanne K Goldenson: Alfred Cecil Frawley, IV, Jay P. McCloskey, Shaun Garry, Thimi R. Mina.

Plaintiff SKG Partners LP: Alfred Cecil Frawley, IV, Jay P. McCloskey, Shaun Garry, Thimi R. Mina.

Plaintiff SKG General Corp.: Alfred Cecil Frawley, IV, Jay P. McCloskey, Shaun Garry, Thimi R. Mina.

Defendant John L Steffens: Max Nicholas Spears & Imes, LLP, Alexia Pappas, Verrill Dana LLP, David Spears, James T. Kilbreth, Michelle Skinner, Sharanya Sai Mohan.

Defendant Gregory P Ho: Max Nicholas, Alexia Pappas, David Spears, James T. Kilbreth, Michelle Skinner, Sharanya Sai Mohan.

Defendant Spring Mountain Capital: Max Nicholas GP LLC, Alexia Pappas, David Spears, James T. Kilbreth, Michelle Skinner, Sharanya Sai Mohan.

Defendant Spring Mountain Capital: Max Nicholas LP, Alexia Pappas, David Spears, James T. Kilbreth, Michelle Skinner, Sharanya Sai Mohan.

Defendant Spring Mountain Capital: Max Nicholas LLC, Alexia Pappas, David Spears, James T. Kilbreth, Michelle Skinner, Sharanya Sai Mohan.

ORDER ON DEFENDANTS’ OBJECTIONS AND COUNTER-DESIGNATIONS AND PLAINTIFFS’ MOTION TO STRIKE

JOHN A. WOODCOCK, JR. CHIEF UNITED STATES DISTRICT JUDGE

With trial scheduled to begin tomorrow, the Defendants just filed a series of objections to the Plaintiffs’ June 2, 2014 deposition designations, and have submitted their own designated portions of the deposition testimony. The Plaintiffs are understandably irritated at the late objections. With considerable reluctance, the Court agrees with the Defendants that it inadvertently failed to set a deadline for their objections to the deposition designations; therefore the Court is addressing the Defendants’ objections and designations even though they are unusually tardy.

I. BACKGROUND

On April 14, 2014, the Court issued a pretrial order setting July 7, 2014 as the trial date and establishing several deadlines, including a June 2, 2014 deadline for deposition designations. Minute Entry (ECF No. 244). In accordance with that order, the Plaintiffs designated portions of the depositions of six witnesses: (1) Brian Burns, (2) Fabio Savoldelli, (3) Steven J. Spitz, M.D., (4) Arnold M. Mayberg, CPA, (5) J. Ezra Merkin, and (6) Sonia M. Brooks, CPA. Pls.’ Dep. Designations (ECF No. 266) (Pls.’ Dep.). On July 7, 2014, the jury was selected and trial is scheduled to begin on July 10, 2014.

The Defendants waited until July 8, 2014 to object to the Plaintiffs’ deposition designations of three witnesses, (1) Fabio Savoldelli, (2) Steven J. Spitz, M.D., and (3) Ezra Merkin, and to make counter-designations. Defs.’ Objections and Counter-Designations to Pls.’ Dep. Designations (ECF No. 296) (Defs.’ Objections). Irritated at the last minute filing, the Plaintiffs fired off a motion urging the Court to strike the Defendants’ objections and counter-designations. Pls.’ Mot. to Strike Defs.’ Objections and Counter-Designations to Pls.’ Dep. Designations (ECF No. 297) (Pls.’ Mot.). Quick to their own defense, the Defendants ...


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