So sayeth Magistrate Judge Brown:
Despite this latest motion, the journey will be coming to an end. This Court will not respond to, nor dignify, the latest attack on it except to state the following. It is without dispute that the March, 2005 letter (exhibit B20 in the trial record) is of great significance. In one breath, plaintiff would have the Court believe that plaintiffs produced this document pursuant to Fed.R.CiV.P. 34, that defendant saw this document ... a document which, viewed in a light most favorable to defendant might be grounds for voiding the entire policy and, by extension the Legacy claim from Hurricane Wilma ... yet chose not to copy it. This is particularly relevant because there is no evidence produced (at least so far ...) that said document, nor it contents, nor its subject matter was ever presented to defendant prior to the August, 2005 policy renewal which was prior to the claim arising from Hurricane Wilma.In other words: the
In the next breath, plaintiff would have the world [ed note -- why thank you, Judge!] believe that defendant knew it had the document but chose not to do any discovery, nor list any witnesses, nor list any experts regarding same - all so defendant could file its motion for sanctions (D.E. 1275). Defense counsel must have had nightmares when this "biased'' Court denied two similar motions addressing the report prepared after Hurricane Wilma from the vessel manufacturer and the alleged withholding of other materials! (See D.E. 1238, 1243 and 1284, 1287).
The Court will not allow the journey to continue any further - at least "not on its watch.''