10
id.
12
13
14
L5
16
ne)
18
life)
20
21
22
23
24
25
H3vlgiu2
judgment motion.
points,
particular argument,
THE
COURT:
98
Your Honor ruled against us on a couple of
but your Honor was silent with respect to this
argument No. 4 --
Ah.
MS. MENNINGER:
THE
COURT:
-- in your ruling.
that was?
MS. MENNINGER:
Our plaintiff's statement two days
after the --
THE, COURT: The one om the street.
MS. MENNINGER: Exactly. That in that statement, our client said, we stand by the statement, or, I am referring to the statement that we made.
THE COURT: Yes, yes, yes. Okay. I'm just trying to
figure it outs.
me I failed
response by plaintiff to that argument is our point;
their response to summary judgment,
alt.
they failed to respond to it
other
So in a very nice,
polite way, you're telling
to deal with that motion of yours.
MS. MENNING
e%
‘RR: That's correct, your Honor.
THI
ES
COURT:
So it's still out there.
MS. MENNINGER:
Still out there;
There was no
THE
COURT :
that in
they didn't mention it at
Well, that's probably where I missed it.
MS. MENNING
T,
So I think the fact that
cases,
has COnNSeEquences;
IR: Exactly.
then, as your Honor has held in
namely, it's a conceded point.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
HOUSE_OVERSIGHT_011396