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so that we can keep the fact that we have done something bad that should then be held against our client away from the jury.

But all these remaining things we are in agreement, I

think with the suggestion you were perhaps making a moment ago, we can deal with these issues at trial. That's our omnibus motion in limine, your Honor.

THE COURT: Thank you.

MS. MENNINGER: The omnibus motion reads like a list

of everything plaintiff has lied about or anything that would undercut her claim for damages.

Plaintiff quoted Passim in her reply brief froma particular federal evidence treatise, and I would like to tell

the Court, she left out the most important parts, and that is

the ones that relate to 405(b).

As that treatise reads, "Character is an element of a defense in a defamation case if the defending party claims that

the statements in question are true and seeks to prove that the

plaintiff has the character ascribed to her or to reduce

damages by showing that her reputation is so bad the statement did no harm.

"In such cases, pursuant to Rule 405, all forms of

character evidence are admissible wherever relevant, including opinion, reputation, and specific instances of conduct." As your Honor found in our motion to dismiss ruling of

February 29th of last year, "Though defendant never called

SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300

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