91 H3vlgiu2 ih AFTERNOON SESSION 2 1:30 psms 3 THE COURT: Who's up? I think the defense? 4 MR. PAGLIUCA: Yes, your Honor. I think Ms. Schultz 5 requested that we take up No. 666 at this point, which we're 6 happy to do. 7 THE COURT: Oh, yess Yes. 8 MS. MENNINGER: Your Honor, this motion relates to our 9 request that we exclude evidence barred as a consequence of 10 plaintiff's summary judgment concessions. We asked in argument 1a 4 of our summary judgment motion for partial summary judgment 12 with respect to the oral statement on January 4th toa 13 reporter. 14 THE COURT: Hold the phone. 15 MS. MENNINGER: Sure. 16 THE COURT: Sorry. Needless to say, I'm drowning. de Ah, okay. Okay. Sorry. Yes. 18 MS. MENNINGER: We asked for partial summary judgment 19 with respect to our client's statement on a New York street 20 that, "I am referring to the statement that we made." As we 21 set forth in our summary judgment brief, this Court's ruling in 22 Adelson v. Harris is directly on point, that a mere reference 23 to another writing that contains defamatory statements does not 24 constitute an actionable repetition or republication. In that 25 case, in Adelson, there was, first, an allegedly defamatory SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011394