10
id.
12
13
14
L5
16
ne)
18
life)
20
21
22
23
24
25
92 H3vlgiu2
statement and later a press release which said, we stand by everything we said. It's directly on point. Your Honor there
held that such republication is not actionable. We set forth
that clearly in our argument 4 of the summary judgment motion, and plaintiff, in her response to summary judgment, made
absolutely no reference, no response, nothing with respect to
that argument. We, therefore, believe that she has conceded
the point and we would ask that no evidence regarding that
statement b ntered in the trial.
We predicted, and we were correct, that having not
argued it in response to our summary judgment motion, they
would try to use the opportunity of their response to this
motion in limine to make substantive arguments. They should
not be permitted to do so, your Honor. In any event, their
arguments that they have set forth in response --
r
THE COURT: I'ma little lost. Perhaps totally lost.
But the partial summary judgment, that's not been dealt with,
or has it?
MS. MENNINGER: It was not part of your Honor's ruling; ne.
THE COURT: Tell me the context of the summary
judgment.
MS. MENNINGER: Certainly, your Honor. There were a
number of things that we believed plaintiff had conceded
because they failed to respond to our requests in our summary
SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300
HOUSE_OVERSIGHT_011395