DOJ-OGR-00007093.json 4.4 KB

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  1. {
  2. "document_metadata": {
  3. "page_number": "42",
  4. "document_number": "465",
  5. "date": "11/15/21",
  6. "document_type": "court document",
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  10. "full_text": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 42 of 127 42 LB15MAX2\n1 voluntary dismissal of civil litigation pursuant to a\n2 settlement agreement, and after the dismissal the defendant\n3 sought costs as a prevailing party under Federal Rule of Civil\n4 Procedure 54(d)(1), and at least as described in the papers the\n5 alleged victims opted to pay the fairly minimal amount sought\n6 rather than burden the court and other resources with continued\n7 litigation.\n8 The fact that the defendant received costs pursuant to\n9 civil procedure 54(d) after a civil settlement just has no\n10 relevance to the charges at hand as far as I can tell and there\n11 is substantial danger of confusing the issues and misleading\n12 the jury. If the defense elicited that the defendant was the\n13 prevailing party, a layjuror would almost certainly assume that\n14 that was some kind of adjudication on the merits relevant to\n15 this case but there is no evidence that there was any relevance\n16 adjudication on the merits and certainly none relevant to the\n17 case. Any probative value gained by the introduction would be\n18 substantially outweighed by juror confusion and the waste of\n19 time needed to explain the differing postures of the current\n20 case and the prior civil litigation. So on those 401/403\n21 balancing grounds the government's motion in this regard is\n22 granted.\n23 Any questions before I turn to the defense motions?\n24 MS. MOE: Not from the government, your Honor. Thank\n25 you.\n SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300\n DOJ-OGR-00007093",
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  14. "content": "Case 1:20-cr-00330-PAE Document 465 Filed 11/15/21 Page 42 of 127 42 LB15MAX2",
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  19. "content": "1 voluntary dismissal of civil litigation pursuant to a\n2 settlement agreement, and after the dismissal the defendant\n3 sought costs as a prevailing party under Federal Rule of Civil\n4 Procedure 54(d)(1), and at least as described in the papers the\n5 alleged victims opted to pay the fairly minimal amount sought\n6 rather than burden the court and other resources with continued\n7 litigation.\n8 The fact that the defendant received costs pursuant to\n9 civil procedure 54(d) after a civil settlement just has no\n10 relevance to the charges at hand as far as I can tell and there\n11 is substantial danger of confusing the issues and misleading\n12 the jury. If the defense elicited that the defendant was the\n13 prevailing party, a layjuror would almost certainly assume that\n14 that was some kind of adjudication on the merits relevant to\n15 this case but there is no evidence that there was any relevance\n16 adjudication on the merits and certainly none relevant to the\n17 case. Any probative value gained by the introduction would be\n18 substantially outweighed by juror confusion and the waste of\n19 time needed to explain the differing postures of the current\n20 case and the prior civil litigation. So on those 401/403\n21 balancing grounds the government's motion in this regard is\n22 granted.",
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  24. "content": "23 Any questions before I turn to the defense motions?",
  25. "position": "main content"
  26. },
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  29. "content": "24 MS. MOE: Not from the government, your Honor. Thank\n25 you.",
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  34. "content": "SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300",
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  39. "content": "DOJ-OGR-00007093",
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  43. "entities": {
  44. "people": [
  45. "MS. MOE"
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  47. "organizations": [
  48. "SOUTHERN DISTRICT REPORTERS, P.C."
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  50. "locations": [],
  51. "dates": [
  52. "11/15/21"
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  54. "reference_numbers": [
  55. "1:20-cr-00330-PAE",
  56. "Document 465",
  57. "DOJ-OGR-00007093"
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