Yaffa v. SunSouth Bank, 3:12cv288/MCR/CJK (2016)
Court: District Court, N.D. Florida
Number: infdco20160309f51
Visitors: 2
Filed: Mar. 08, 2016
Latest Update: Mar. 08, 2016
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This case is in a jury trial. During oral argument of SunSouth Bank's Rule 50 motion, it raised the issues of NashYork's proof of damages and NashYork's failure to timely disclose a damages calculation under Rule 26. The Court expressed concern over both issues. Plaintiffs indicated the Court had previously ruled regarding the disclosure issue. Due to the numerous orders recently entered in this case, both prior to and during trial, the under
Summary: ORDER M. CASEY RODGERS , Chief District Judge . This case is in a jury trial. During oral argument of SunSouth Bank's Rule 50 motion, it raised the issues of NashYork's proof of damages and NashYork's failure to timely disclose a damages calculation under Rule 26. The Court expressed concern over both issues. Plaintiffs indicated the Court had previously ruled regarding the disclosure issue. Due to the numerous orders recently entered in this case, both prior to and during trial, the unders..
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ORDER
M. CASEY RODGERS, Chief District Judge.
This case is in a jury trial. During oral argument of SunSouth Bank's Rule 50 motion, it raised the issues of NashYork's proof of damages and NashYork's failure to timely disclose a damages calculation under Rule 26. The Court expressed concern over both issues. Plaintiffs indicated the Court had previously ruled regarding the disclosure issue. Due to the numerous orders recently entered in this case, both prior to and during trial, the undersigned did not recall a prior ruling in which the Court found that SunSouth had waived the issue of NashYork's failure to disclose a damages calculation. On review of the record, however, Plaintiffs are correct. See ECF No. 411. For the benefit of all parties and the sake of the record, the Court here clarifies that the ruling still stands. However, this does not preclude SunSouth Bank from arguing in its Rule 50 motion that there has been a failure of proof regarding NashYork's damages, and the Court has taken that motion under advisement
So ORDERED.
Source: Leagle
