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