| In Anonymous SDNY Case
People and 1 Estate Sealed To Public and Press
For March 2021 Trial
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Aug 8 – In the murky
case of "ABC v. DEF" on July
21 U.S. District Court for the
Southern District of New York
Judge Paul A. Engelmayer held
a proceeding. Inner City Press
covered it.
Judge Engelmayer to his credit
pushed back at the failure to
specify what witness Rosado
(seemingly, "SPO Richard
Rosado") would say. But he
also agreed to allow
redactions to the witness
list.
He
specified that summaries of
proposed testimony are due on
July 24 - while setting the
trial far out, for March 8,
2021.
Next a "List of
Witnesses" - for a presumably
public trial -- was filed. But
on Pacer for the Press it
says, "You do not have
permission to view this
document." So who does? Now
this:
"counsel for
James Cappiello in the
above-captioned matter. I
respectfully submit this
letter in opposition to
Plaintiffs’ Motion in Limine
to Exclude the Proposed
Testimony of Defendant
Cappiello (“Plaintiffs’ MIL”),
submitted July 31, 2020. The
basis of the motion is that
Cappiello’s proposed testimony
is not relevant to “the amount
of harm suffered by the
Plaintiffs -- the sole issue
to be adjudicated at trial.”
(Plaintiffs’ MIL at 4). Mr.
Cappiello, however, is an
individual defendant against
whom summary judgment as to
liability has been awarded.
Four individuals and one
estate will be defendants at
the damage trial. If any
individual plaintiff proves up
damage, then the jury will be
called upon to determine not
just the amount of damages the
injury warrants, but, to the
extent damages are severable,
who caused it. To do so, the
jury will need to know basic
facts about who was involved
and participated in the two
severable damage periods
present in the instant case.
Only in that way will Mr.
Cappiello have the ability to
defend himself individually on
the issues at trial."
What kind of
Federal court case is this?
The case is ABC
v. DEF, 14-cv-2953
(Engelmayer)
***
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