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Brighton Collectibles, Inc v. Rk Texas Leather

January 11, 2012

BRIGHTON COLLECTIBLES, INC., PLAINTIFF,
v.
RK TEXAS LEATHER, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Hon. William V. Gallo U.S. Magistrate Judge

ORDER DENYING PLAINTIFF'S APPLICATION TO UTILIZE DEPOSITION AND TRIAL TESTIMONY GIVEN IN OTHER CASES

On October 31, 2011, Plaintiff Brighton Collectibles, Inc. ("Plaintiff") applied to the Court, via letter, to be permitted to utilize certain deposition and trial testimony given by third party witnesses in other cases. On November 16, and 23, 2011, Defendants Joy Max Trading, Inc. and NHW, Inc. ("Defendants") opposed, via letters, Plaintiff's application. On January 5, 2011, the Court held a hearing on Plaintiff's application. The Court, having reviewed Plaintiff's application, Defendants' opposition letters, the authority cited therein, as well as the supplemental authority cited at the hearing, and GOOD CAUSE APPEARING, HEREBY DENIES Plaintiff's application.

I

PRIOR TESTIMONY

Plaintiff seeks to use in this action, testimony given by third party witnesses in previous actions in which it was involved. The testimony and cases in which the testimony was given are as follows:

1. Deposition testimony of Monica Bolin in Brighton Collectibles v. Marc Chantal USA, Case No. 06-1584.

2. Deposition testimony of Richard A. Lewis in Brighton Collectibles v. Marc Chantal USA, Case No. 06-1584.

3. Deposition testimony of Richard A. Lewis in Brighton Collectibles v. Dynasty Designs, Case No. 06-1588.

4. Deposition testimony of Cindy Lombardi in Brighton Collectibles v. Dynasty Designs, Case No. 06-1588.

5. Deposition testimony of Sheila Bell in Brighton Collectibles v. Dynasty Designs, Case No. 06-1588.

6. Deposition testimony of Steven Zamler in Brighton Collectibles v. Dynasty Designs, Case No. 06-1588.

7. Trial Testimony of Amy Delducco in Brighton Collectibles v. Coldwater Creek, Case No. 06-1848.

II

PLAINTIFF'S ...


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