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HOUSE_OVERSIGHT_011410

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107 H3vlgiu2 ih Oh, Ms. Menninger reminds me, your Honor -- and I 2 think the Court and I are on the same page on this as well -- 3 the tax argument made by Mr. Cassell. Indeed, Ms. Maxwell and 4 the plaintiff are not on the same footing in this case with 5 regard to who put their reputation at issue, who is claiming 6 emotional distress damages, and plaintiffs are in a much 7 different position than defendants when it comes to 8 cross-examinations about these issues, particularly in 9 defamation cases, because as Ms. Menninger pointed out earlier, 10 under Rule 405, everything that impacts the plaintiff's 1a reputation in the community, including the failure to follow 12 laws, is the subject of cross-examination. So the argument 13 that what is good for the goose is good for the gander ina 14 defamation case simply doesn't apply when you're talking about 15 damage issues and reputational issues. 16 Thank you, your Honor. de MR. CASSELL: Could I just have 15 seconds, your 18 Honor? 19 THE COURT: No. 20 MR. CASSELL: All right. Thanks. 21 THE COURT: Next. 22 MR. PAGLIUCA: Your Honor, we could next take up the 23 issue relating to the police reports which I have as 24 defendant's motion in limine to exclude police reports and 25 other inadmissible hearsay at 677, response at 747, and then SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011410

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