The opinion of the court was delivered by: Present: The Honorable A. Howard Matz, U.S. District Judge
Stephen Montes Not Reported
Deputy Clerk Court Reporter / Recorder Tape No.
Attorneys NOT Present for Petitioner: Attorneys NOT Present for Respondent:
Proceedings: IN CHAMBERS (No Proceedings Held)
The Commissioner has requested a trial setting conference.*fn1
For the reasons set forth below, the Court DENIES the
Following receipt of the Mandate from the Ninth Circuit, the Court has issued the following rulings (among others).
Date Dkt No. Crux of Ruling
10/23/08 3688 Specifying matters to be addressed in writing before the next status conference.
12/22/08 3715 Numerous oral rulings at Status Conference, including about mediation.
2/5/09 3718 Rulings about mediation, and discovery; circulation of
Court's internally-prepared Annotated Findings of Fact and Conclusions of Law re Restitution
8/6/09 3764 Order regarding pretrial deadlines, status conference and hearing on annotated findings.
9/14/09 3799 Order regarding revised pretrial deadlines and pending motions.
11/16/09 3809 Order regarding expert motions in limine and other pretrial deadlines.
1/11/10 3814 Order denying DOI/NOLHGA Motion in Limine re Jury's
Findings. Artemis may proffer evidence that even if the Commissioner had discovered the conspiracy in time to pull out of the Altus/MAAF deal, he would not have done so, or, in any event, he would not have picked either NOLHGA or Sierra. It is likely (but not conclusively determined) that the Commissioner will not be permitted to actually recover damages arising out of Artemis's participation in the conspiracy based on a showing that the Commissioner would have accepted the Sierra bid if not for the conspiracy, but he will be permitted to try, in order to provide a basis for appellate review.
1/14/10 3815 Order denying Artemis's motion in limine to preclude
Plaintiff from seeking damages relating to the increase in value of the ELIC Estate's junk bond portfolio.
1/20/10 3842 Oral orders issued at Status Conference, especially re
Court's Annotated Findings.
2/2/10 3843 Interim Order on Artemis's Request for Clarification.
2/5/10 3848 Granting Artemis's Request for Clarification. Given the
Court's definition of the "NOLHGA Premise," the Ninth Circuit's Remand precludes the Commissioner from attempting to prove the NOLHGA premise by proving that he would have rescinded the sale to Altus/MAAF and picked NOLHGA in 1992, 1995 or anytime after he picked Altus/MAAF.
2/10/10 3849 Order granting Plaintiff's request to supplement the record.
5/14/10 3864 Rulings on Annotated Findings. Exhibit A to Parties'
Supplemental Joint Submission re Annotated Findings; (Dkt. 3864, filed on 3/22/10) will be reduced to a stipulation and admitted into evidence; pronouncements re jury's functions; authorization for filing of motions in limine re Judge Lewin's findings and this Court's findings; rulings on ...