STIPULATION AND [PROPOSED] ORDER. WHEREAS, the first day of the non-jury trial is scheduled for October 30, 2017;

Transcription

1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MILL FINANCIAL, LLC and MILL FOOTBALL HOLDINGS, PLC, Plaintiffs, - against GEORGE N. GILLETT, JR.; BOOTH CREEK MANAGEMENT CORP.; GILLETT FAMILY SKI, LLC; BOOTH CREEK PARTNERS LIMITED II, LLLP; GILLETT COLEMAN, LLC; GILLETT WHEAT LLC; FOOTBALL INVESTMENTS, LLC; GILLETT GEMS, LLC; BOOTH CREEK INC.; SPRADDLE CREEK AUTO INVESTMENT, LLC; SPRADDLE CREEK AUTOMOTIVE REAL ESTATE, LLC; GILVEST GP, LLC; GILLETT SUMMIT, LLC, GILLETT FOOTBALL, LLC and THE ROYAL BANK OF SCOTLAND, PLC, Defendants. Index No /10 STIPULATION AND [PROPOSED] ORDER WHEREAS, the first day of the non-jury trial is scheduled for October 30, 2017; WHEREAS, pursuant to Justice Bransten's Individual Practices, the parties must meet and confer in advance of trial to reach agreement on exhibits where possible; WHEREAS, the parties wish to avoid burdens associated with the document-bydocument authentication of documents at trial wherever possible and establishing that such documents satisfy CPLR 4518(a), and that stipulating to such will promote the orderly and efficient progress of the action; WHEREAS, on October 10, 2010, defendant The Royal Bank of Scotland, plc ("RBS") filed a motion in limine (the "MIL") to exclude, among other things, documents produced in this case by Fenway Sports Group, f/k/a New England Sports Ventures (the "FSG Documents").

2 Page 2 of 3 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for the parties herein, and subject to the Court's approval, that, for purposes of trial in the action, as follows: 1. Each party agrees that it will not contest the authenticity of any document produced by any party or non-party in discovery in this action, including any true and correct copies thereof. 2. Each party agrees, subject to paragraph 3, that it will not dispute that documents created or authored by any party or non-party to this action, and produced during fact discovery in this action, meet the requirements of CPLR 4518(a): they were made in the regular course of business; (2) it was the regular course of such business to make it; and, (3) they were made at the time of the act, transaction, occurrence or event, or within a reasonable time thereafter. 3. Notwithstanding the foregoing, RBS does not agree for purpose of trial that the FSG Documents meet the requirements of CPLR 4518(a). The parties agree to revisit in good faith, and within a reasonable time after the MIL is resolved, whether the parties will agree that the FSG Documents meet the requirements of CPLR 4518(a) for purposes of trial and are otherwise subject to this stipulation and order. 4. The parties each expressly reserve the right to object to the admissibility of any document under any grounds permitted by law other than as explicitly set forth herein including but not limited to grounds of relevance and/or to the extent stipulated business records contain hearsay-within-hearsay or multiple instances of hearsay. 5. The stipulation may be executed in counterparts, with.pdf signatures deemed as though originals.

3 KASOWITZ BENSON, TORRES LLP Marshall H. Fishman October I, 2017

4 KASOWITZ, BENSON, TORRES LLP October 2017

5 KASOWITZ, BENSON, TORRES LLP Marshall H. Fishman 4: October j, 2017