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Date: 02-27-2015

Case Style: Magnesium Corp. of America v. Renco Group, Inc. and Ira Rennert

Case Number: 1:13-cv-07948-AJN

Judge: Alison J. Nathan

Court: United States District Court for the Southern District of New York (New York County)

Plaintiff's Attorney: Adam Anderson, Leo Beus, Malcolm Loeb, Nick Kajon, Nishan Wilde, Scot Stirling and Tim Paris for Lee E. Buchwald
as Trustee For Magnesium Corporation of America and Related Debtor, Renco Metals, Inc.

Defendant's Attorney: Jeff Fuisz, Tai Park, Tony Boccanfuso, Barry Seidel, Peter Haveles, Jon Hoff and Steve Bennett for Ira Leon Rennert, Roger L. Fay, Justin W. D'atri, Dennis A. Sadlowski, Michael C. Ryan, Michael H. Legge, Ron L. Thayer, Todd R. Ogaard, Lee R. Brown, Howard I. Kaplan, The Renco Group, Inc. a Delaware Corporation and Cadwalader, Wickersham & Taft, LLP

Lon Seidman for Sabel Industries, Inc. and K. Sabel Holdings, Inc.

Joe Baio for KPMG Peat Marwick LLP

Dominic Picca, Pete Zlotnick and Stephanie K. Hoos for Donaldson, Lufkin & Jenrette Securities Corporation and Houlihan Lokey Howard & Zukin

Adam Hakki for Credit Suisse First Boston LLC

Terry McLaughlin for KPMG, LLP

Emil Samman for Houlihan Lokey

Description: New York, NY - The trustees of Magnesium Corp. of America sued Ira Rennert and Renco Group, Inc. on breach of fiduciary duties which resulted in the plundering of the now-bankrupt mining company to pay for personal luxuries including a 100,000 square foot private beachfront home in the Hamptons.

Court docket entries for this case starting January 1, 2015:

Date Filed # Docket Text

01/05/2015 184 RESPONSE in Opposition to Motion re: 179 MOTION in Limine TO EXCLUDE ANY CLAIM FOR ACTUAL FRAUD. . Document filed by Lee E. Buchwald. (Stirling, Scot) (Entered: 01/05/2015)
01/07/2015 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Telephone Conference held on 1/7/2015. arranged settlement conference. (Gray, Diane) (Entered: 01/07/2015)
01/07/2015 185 ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 1/16/2015 at 09:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Andrew J. Peck. Counsel attending the conference must have full settlement authority and their client(s) must be present at the conference, as must a representative of the client's insurance company where the decision to settle and/or amount of settlement must be approved by the insurance company. Counsel shall provide a confidential settlement memorandum to my chambers. The memorandum shall not be filed with the Clerk of the Court nor provided to opposing counsel. The memorandum should explain the factual and legal background of the case as it impacts on settlement negotiations; the status of prior settlement discussions between the parties; and the party's settlement proposal (range). See Order. (Signed by Magistrate Judge Andrew J. Peck on 1/6/2015) (tn) (Entered: 01/07/2015)

01/08/2015 186 ORDER granting 173 Motion for Nishan Joseph Wilde to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (Nathan, Alison) (Entered: 01/08/2015)
01/12/2015 187 BRIEF re: 175 Order on Motion in Limine * * * (DEFENDANTS WRITTEN PROFFER IN RESPONSE TO THE COURTS ORDER REGARDING DEFENDANTS MOTION IN LIMINE TO EXCLUDE INTERNAL GOVERNMENT REPORTS AND MEMORANDA). Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 01/12/2015)
01/12/2015 188 REPLY MEMORANDUM OF LAW in Support re: 179 MOTION in Limine TO EXCLUDE ANY CLAIM FOR ACTUAL FRAUD. . Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Haveles, H.) (Entered: 01/12/2015)
01/12/2015 189 JOINT FINAL TRIAL REPORT. Document filed by Lee E. Buchwald. (Attachments: # 1 Exhibit A (Plaintiff's Deposition Designations), # 2 Exhibit B (Defendants' Deposition Designations), # 3 Exhibit C (Plaintiff's Exhibit List), # 4 Exhibit D (Defendants' Exhibit List))(Stirling, Scot) (Entered: 01/12/2015)
01/12/2015 190 MOTION in Limine TO ENFORCE THE COURT'S RULINGS. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 01/12/2015)
01/12/2015 191 BRIEF re: 175 Order on Motion in * * * * Proffer re Rennert Wealth (Document 63). Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/12/2015)

01/12/2015 192 AFFIDAVIT of H. PETER HAVELES, JR. in Support re: 190 MOTION in Limine TO ENFORCE THE COURT'S RULINGS.. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(Haveles, H.) (Entered: 01/12/2015)

01/12/2015 193 MEMORANDUM OF LAW in Support re: 190 MOTION in Limine TO ENFORCE THE COURT'S RULINGS. . Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Haveles, H.) (Entered: 01/12/2015)

01/12/2015 194 BRIEF re: 175 Order on Motion in Limine * * * Corrected Proffer re Rennert Wealth (62). Document filed by Lee E. Buchwald. (Attachments: # 1 Affidavit Declaration of Scot C Stirling, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Stirling, Scot) (Entered: 01/12/2015)

01/12/2015 195 BRIEF re: 175 Order on Motion in * * * Proffer re Certain Photographs (Document 44). Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/12/2015)

01/12/2015 196 BRIEF re: 175 Order on Motion in Limine * * * Proffer re Exhibit 2148 (Document 53). Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/12/2015)

01/12/2015 197 PROPOSED JURY INSTRUCTIONS. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/12/2015)

01/13/2015 198 ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Lee E. Buchwald v. The Renco Group, Inc., et al., on 1/16/2015: Scot Stirling - laptop and projector. (Signed by Magistrate Judge Andrew J. Peck on 1/13/2015) (tn) (Entered: 01/13/2015)

01/13/2015 199 ORDER re: 189 Joint Final Trial Report, filed by Lee E. Buchwald: that in an exercise of the Court's trial management discretion, see Evans v. Port Auth. of NY & N.J, 246 F. Supp. 2d 343,351 & n.49 (S.D.N.Y. 2003), the presentation of evidence is hereby limited to 50 hours in total, to be divided equally between Plaintiff and Defendants. Each party's 25-hour period will include opening statements, the examination of all witnesses (including any examination done on direct, cross, re-direct, or re-cross), and the reading of any deposition testimony. Closing statements will not be included in a party's allotted 25 hours, although the Court will impose reasonable limitations on the length of closing statements in light of the events at trial. See E. Mishan & Sons, Inc. v. Homeland Housewares LLC, 580 F. App'x 26, 27 (2d Cir. 2014). Additionally, for scheduling purposes, although the Court does not typically hold trial onFridays, the parties are hereby informed that the Court will likely hold trial on Friday, February 6 and Friday, February 20. (Signed by Judge Alison J. Nathan on 1/13/2015) (tn) (Entered: 01/13/2015)

01/14/2015 200 LETTER addressed to Magistrate Judge Andrew J. Peck from Scot C. Stirling dated 14 January 2015 re: Plaintiff Trustee Client Representative for Settlement Conference Scheduled for 16 January at 9:30 a.m.. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/14/2015)

01/14/2015 201 ORDER: that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned LEE E. BUCHWALD, Plaintiff, vs. THE RENCO GROUP, INC, et al., Defendants, No. 13cv7948, on 1/20/2015: Scot Stirling - laptop computer and projector. (Signed by Judge Alison J. Nathan on 1/14/2015) (tn) (Entered: 01/14/2015)

01/15/2015 202 ENDORSED LETTER addressed to Magistrate Judge Andrew J. Peck from H. Peter Haveles, Jr. dated 1/15/2015 re: co-counsel for defendants write in response to the letter from plaintiff's counsel, Scot Stirling, regarding the mediation that Your Honor will be conducting tomorrow. ENDORSEMENT: MR. RENNERT IS TO APPEAR AT THE SETTLEMENT CONF. (Signed by Magistrate Judge Andrew J. Peck on 1/15/2015) (tn) (Entered: 01/15/2015)

01/15/2015 203 BRIEF re: 187 Brief,,, in Response to Defendants' Proffer re Government Reports. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/15/2015)
01/16/2015 Minute Entry for proceedings held before Magistrate Judge Andrew J. Peck: Settlement Conference held on 1/16/2015. Did not settle.(Gray, Diane) (Entered: 01/16/2015)

01/16/2015 204 OPPOSITION BRIEF re: 194 Brief,,, (DEFENDANTS RESPONSE TO TRUSTEES PROFFER REGARDING EVIDENCE OF DEFENDANT IRA RENNERTS UNJUST ENRICHMENT). Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 01/16/2015)

01/16/2015 205 OPPOSITION BRIEF re: 195 Brief,, (DEFENDANTS RESPONSE TO THE TRUSTEES PROFFER REGARDING CERTAIN PHOTOGRAPHS). Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Affidavit of H. Peter Haveles, Jr. in Support of Defendants' Response to the Trustee's Proffer Regarding Certain Photographs, # 2 Exhibit 1, # 3 Exhibit 2)(Haveles, H.) (Entered: 01/16/2015)

01/16/2015 206 OPPOSITION BRIEF re: 196 Brief,, (DEFENDANTS RESPONSE TO THE TRUSTEES PROFFER REGARDING TRIAL EXHIBIT 2148). Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 01/16/2015)

01/16/2015 207 ORDER denying 44 Motion in Limine; granting 179 Motion in Limine; denying 190 Motion in Limine. For the foregoing reasons, 1) Defendants' motion to exclude a claim for actual fraud is GRANTED; 2) Defendants' motion to "enforce the Court's rulings" is administratively DENIED; 3) Defendants' motion to exclude evidence of Ira Rennert's personal wealth is DENIED; 4) Defendants' motion to exclude certain photographs is DENIED with respect to the photographs that were subject to Plaintiff's proffer; and 5) with respect to the motion to exclude government reports and memoranda, the Court's ruling at the December 19, 2014 conference is modified to exclude Exhibits 2148,2017,2147,2149, and 2164, and the motion is denied with respect to Exhibits 2016, 2146, 2160, 2161, and 2196. This resolves Docket Nos. 44, 53, 179, and 190. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/16/2015) (ama) (Entered: 01/16/2015)

01/20/2015 208 ORDER: The Court has received the responsive briefing that was filed after the Court's order of January 16, 2015 (Dkt. No. 207) was docketed. Having read and considered these briefs, the Court concludes that no changes to the order at Docket No. 207 are warranted. That order shall stand as written. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/20/2015) (ama) (Entered: 01/20/2015)

01/20/2015 Minute Entry for proceedings held before Judge Alison J. Nathan: Final Pretrial Conference held on 1/20/2015. Second Final Pretrial Conference held on 1/20/2015. Matters pertaining to Trial were discussed. Trial schedule was also discussed. Trial is to begin on Monday, February 2, 2015 at 9:00 am. See transcript for details. (Court Reporter Lisa Fellis) (snu) (Entered: 01/23/2015)

01/23/2015 209 BRIEF re: 176 Order, Set Deadlines * * * Regarding Proposed Summary Exhibit and Scope of Environmental Issues. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/23/2015)

01/23/2015 210 LETTER addressed to Judge Alison J. Nathan from Scot C Stirling dated 23 January 2015 re: Use of Video Excerpts and Depositions In Opening Statement. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/23/2015)

01/23/2015 211 BRIEF re: 175 Order on Motion in Limine * * * Regarding Testimony of Van Housman. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/23/2015)
01/24/2015 212 BRIEF re: 175 Order on Motion in * * * CORRECTED (Table of Contents) Regarding Testimony of Van
Housman. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/24/2015)
01/26/2015 213 LETTER MOTION for Extension of Time for defendants to file their responses to three applications made by plaintiff, addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated January 26, 2015. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 01/26/2015)

01/26/2015 214 ORDER: The Court has received Plaintiff's letter regarding the use of deposition video excerpts in Plaintiffs opening statement. The motion to use deposition video in Plaintiffs opening statement is DENIED. Federal Rule of Civil Procedure 32(a) permits an adverse party to use "for any purpose the deposition of a party or anyone who, when deposed, was the party's officer, director, managing agent, or designee." Plaintiff is correct that the rule permits introduction of depositions as substantive evidence, and is not limited to impeachment purposes. However, at the pretrial conference on December 19, 2014, both parties agreed that the party-witnesses' presence at trial would obviate the need to introduce their testimony through deposition transcripts. See Dkt. No. 182 at 20-21. As Plaintiff's counsel stated, "[I]f the witnesses are here, the only reason it could be used, I anticipate that it would be used, is if they contradict something that they said at their depositions. And our only interest in identifying those as exhibits was that they clarify what the questions were that they were asked to answer at their depositions." Id at 20. In light of this representation, the Court will not permit video of depositions that are unlikely to be admitted at trial to be used in Plaintiff's opening statement. Plaintiff will of course have a good-faith basis for believing that the Defendant-witnesses will testify at trial in the same way that they testified in depositions, and therefore can tell the jury that they expect the witnesses to testify to the substance of the deposition without introducing the deposition itself. This may include quoting the substance of the deposition at the anticipated testimony, without reference to the matter being from a deposition. Plaintiff will not be prejudiced by this procedure. But showing video of deposition testimony that will likely not be introduced at trial has the potential to confuse the jury. (Signed by Judge Alison J. Nathan on 1/26/2015) (kgo) (Entered: 01/26/2015)

01/26/2015 215 ORDER: In light of the impending snowstorm and the possibility that the courthouse will be closed tomorrow, January 27, 2015, counsel shall send a courtesy copy of all matters filed on ECF to my law clerk at the email address he has provided. This email copy should be provided along with the ECF filing, and does not replace the need to file via ECF. All communications sent via email other than attachments containing documents already filed on ECF will be disregarded by the Court, in accordance with the Court's Individual Practice Rule 1.A ("[C]ommunications with the Court shall be by letter. Unless there is a request to file a letter under seal or a letter contains sensitive or confidential information, all letters shall be filed electronically on ECF."). This order amends Rule l.A only insofar as it superseded the final sentence, which states that courtesy copies of ECF-filed matters should not be provided. As stated, counsel shall provide a courtesy copy via email to my law clerk. If, however, counsel are unable to access ECF tomorrow because of the storm, counsel may email courtesy copies in advance of ECF filing. ECF filing of any emailed document must be completed as soon as counsel are able. (Signed by Judge Alison J. Nathan on 1/26/2015) (kgo) (Entered: 01/26/2015)

01/26/2015 216 ORDER granting 213 Letter Motion for Extension of Time. So ordered. (Signed by Judge Alison J. Nathan on 1/26/2015) (ajs) (Entered: 01/26/2015)

01/26/2015 217 ORDER: Attached to this order is a partial and preliminary set of draft jury instructions. They are not in final form, and are subject to substantial revisions and additions. However, in light of the significant differences between the parties' proposed jury instructions, the Court is distributing them to the parties in advance of trial in order to provide guidance as to how the Court is likely to instruct the jury on substantive points of law. As just noted, they are a preliminary draft and are subject to revision, addition, or subtraction. Note that the draft does not include preliminary or procedural instructions. The parties will have an opportunity to object to specific instructions, or omissions from the instructions, when the charging conference is set and after the Court distributes draft instructions in advance of the charging conference. (Signed by Judge Alison J. Nathan on 1/26/2015) (lmb) Modified on 1/26/2015 (lmb). (Entered: 01/26/2015)

01/27/2015 218 AFFIDAVIT of JEFFREY A. FUISZ in Opposition re: 209 Brief. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Fuisz, Jeffrey) (Entered: 01/27/2015)

01/27/2015 219 MEMORANDUM OF LAW in Opposition re: 209 Brief . Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Haveles, H.) (Entered: 01/27/2015)
01/27/2015 220 AFFIDAVIT of H. PETER HAVELES, JR. in Opposition re: 211 Brief,, 212 Brief,,. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Haveles, H.) (Entered: 01/27/2015)

01/27/2015 221 MEMORANDUM OF LAW in Opposition re: 211 Brief,, 212 Brief,, . Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Haveles, H.) (Entered: 01/27/2015)

01/27/2015 222 LETTER addressed to Judge Alison J. Nathan from Scot C. Stirling dated 27 January 2015 re: Order to Allow Models Into Courthouse. Document filed by Lee E. Buchwald. (Attachments: # 1 Text of Proposed Order To Allow Models Into Courthouse)(Stirling, Scot) (Entered: 01/27/2015)

01/27/2015 223 BRIEF Requesting Judicial Notice of Magnesium Price and Market Information from USGS. Document filed by Lee E. Buchwald. (Attachments: # 1 Exhibit A)(Stirling, Scot) (Entered: 01/27/2015)

01/28/2015 224 ORDER: Defendants shall file a letter with the Court by noon on January 29, 2015, indicating (1) if they object to the Trustee's request for judicial notice regarding magnesium prices and market information from USGS Open File Report 01-341, at Docket No. 223, and (2) the grounds for their objection, if any. (Signed by Judge Alison J. Nathan on 1/28/2015) (mro) (Entered: 01/28/2015)

01/28/2015 225 ORDER denying 77 Motion in Limine. Before the Court is Plaintiff's application to permit introduction of EPA Attorney Van Housman's testimony, in response to Defendant's motion in limine to exclude "undisclosed expert testimony." See Dkt. No. 212. After considering Plaintiff's brief and Defendants' response, the Court makes the following preliminary rulings: First, Defendants' motion in limine to exclude undisclosed expert opinion testimony at Docket No. 77 is DENIED with regard to Mr. Housman. In the context of this action, Mr. Housman's testimony with regard to the EPA's interpretation of the Bevill Amendment, and the extent and nature of the EPA's communications with Magnesium Corp. regarding that interpretation, are factual matters. He can testify about these matters based on his primary observation without resort to forming an expert opinion, and the EPA's interpretation of the Bevill Amendment in the time period during which the transfers took place is potentially relevant. Mr. Housman's advanced education and position within the EPA do not convert him into an expert for all purposes. Wholesale exclusion of his testimony would be inappropriate. Second, this order does not preclude challenges to specific portions of Mr. Housman's testimony when they are elicited at trial. Third, the Court must clarify an issue that Defendants have raised, wherein they state that Mr. Housman may not testify as to "legal conclusions" about whether Magnesium Corporation violated RCRA or CERCLA, or fell within the Bevill Amendment. Finally, Defendants have raised the possibility that Mr. Housman will not testify that the EPA's interpretation of the Bevill Amendment was not communicated to Magnesium Corporation or Defendants. The EPA's interpretation of the Bevill Amendment in the 1996-98 period may still be relevant, even if it was not communicated. Whether such interpretation was communicated to Magnesium Corporation, and whether it should have affected Magnesium Corporation's accounting of its contingent liabilities, are factual issues that may be raised and argued at trial. (Signed by Judge Alison J. Nathan on 1/28/2015) (mro) (Entered: 01/28/2015)

01/28/2015 226 ORDER: Before the Court is Plaintiff's application to introduce a summary chart of contaminants of concern at the Rowley facility, a map indicating where testing for those contaminants took place, and a summary exhibit prepared from excerpts from Defendants' expert report. See Dkt. No. 209. The Court has read Plaintiff's brief and Defendants' response, and make the following preliminary rulings: First, the Court is unable to locate the data purportedly underlying the summary chart at Appendix A. The chart makes reference to "PBL-09-2871, PBL-09-2873, and PBL-09-2875," and Plaintiff's brief explains that the chart is drawn from Trial Exhibit 2861. The Court's version of trial exhibit 2861 does not contain any documents identified with numbers higher than PBL-09-2869. Moreover, to the extent Defendants object to the maps included with the summary chart, the maps on the Court's version of Exhibit 2861 are not legible. Plaintiff shall have until January 30, 2015 at 10:00 am to respond with a cure to these issues. The summary chart cannot be admitted if the underlying data cannot be identified. Second, Plaintiff is ordered to respond by 10:00 am on January 30, 2015 to Defendants' hearsay objection to the proposed summary of agreed facts at Appendix B to Plaintiff's brief. Plaintiff shall also respond to Defendants' objection that the proposal is inappropriate as a summary exhibit because it is not a faithful summary of the report, but rather has undergone substantial editing to highlight matters favorable to Plaintiff's case while removing unfavorable matters. Although the Court awaits Plaintiff's response to these objections, the Court's preliminary view is that Plaintiff's proposed summary exhibits are not admissible. (Signed by Judge Alison J. Nathan on 1/28/2015) (mro) (Entered: 01/28/2015)

01/28/2015 227 ORDER: It is hereby ORDERED that the following attorneys are authorized to bring the Models listed below into the Courthouse for use in the captioned proceeding. The dates for which such authorization is provided are 30 January 2015 to 27 February 2015. Attorneys Scot C. Stirling, Taiba Velie, D. Bart Dewey, Malcolm Loeb, Nishan J. Wilde, Ashley W. Hale, and Trevor D. Cox may bring a process flow model of Melt/Reactor cell and associated process flows. Dimensions are approximately 32" x 32" x 24", and a model of an Electrolytic Cell (box) with internal interchangeable parts to demonstrate both I.G. Farben and Sealed Cells, and attached/removable anode header (pipe), plus labels. Dimensions are approximately 32" x 32" x 24". The attorneys identified in this Order must present a copy of this Order when entering the Courthouse. (Signed by Judge Alison J. Nathan on 1/28/2015) (kgo) Modified on 1/28/2015 (kgo). (Entered: 01/28/2015)

01/29/2015 228 AFFIDAVIT of H. Peter Haveles, Jr. in Opposition re: 223 Brief. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Haveles, H.) (Entered: 01/29/2015)

01/29/2015 229 MEMORANDUM OF LAW in Opposition re: 223 Brief . Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Haveles, H.) (Entered: 01/29/2015)
01/29/2015 230 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated January 29, 2015 re: Order to authorize defendants' counsel to bring a brick of magnesium weighing approximately 10 pounds into the courthouse to be used as a demonstrative exhibit at trial. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Text of Proposed Order)(Haveles, H.) (Entered: 01/29/2015)

01/29/2015 231 MEMO ENDORSEMENT on ORDER. ENDORSEMENT: DENIED. SEE STANDING ORDER M10-486 (Revised). Only members of a bar may be authorized to bring Personal Electronic Devices or General Purpose Computing Devices. For the listed equipment, submit a seperate proposed order for the visit. Do not use this attorney form. DENIED (Signed by Judge Alison J. Nathan on 1/29/2015) (kgo) (Entered: 01/29/2015)

01/29/2015 232 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action 13-cv-7948(AJN). The date(s) for which such authorization is provided is (are) February 2-28, 2015. Attorneys Scot C. Stirling and Robert O. Stirling may bring a cell phone and laptop, and Leo R. Beus may bring a cell phone. The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. Granted. Counsel is directed to read M10-486 (Revised) carefully. Any violations of use rules may result in sanctions. Resubmit with verification that all individuals are members of a bar and justify the need for each person's cell phone in the Courthouse. (Signed by Judge Alison J. Nathan on 1/29/2015) (kgo) (Entered: 01/29/2015)

01/29/2015 233 ORDER: Plaintiff is ordered to reply to Defendants' brief regarding judicial notice at Docket No. 229 by 11 a.m. on January 30, 2015. (Signed by Judge Alison J. Nathan on 1/29/2015) (kgo) (Entered: 01/29/2015)
01/29/2015 Set/Reset Deadlines: Responses to Brief due by 1/30/2015 (kgo) (Entered: 01/29/2015)

01/29/2015 235 ORDER. Trial in this matter is scheduled to begin on Monday, February 2, 2015 at 9:00 a.m. in Courtroom 506 (5th Floor) of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. (Signed by Judge Alison J. Nathan on 1/29/2015) (rjm). (Entered: 01/30/2015)
01/29/2015 Set/Reset Hearings: Jury Trial set for 2/2/2015 at 09:00 AM in Courtroom 506, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (rjm) (Entered: 01/30/2015)

01/30/2015 234 BRIEF re: 226 Order,,,,,,, Reply re Proposed Summary Exhibit re Environmental Contamination. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/30/2015)
01/30/2015 236 BRIEF re: 233 Order for Reply re Request for Judicial Notice. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 01/30/2015)

01/30/2015 237 ORDER. It is hereby ORDERED that the vendor, Jose Lopez, Edison Litigation Technology Advisory Services, is authorized to bring the equipment listed below into the Courthouse for use in the captioned proceeding. The dates for which such authorization is provided are 30 January 2015 to 27 February 2015. The vendor identified in this Order must present a copy of this Order when entering the Courthouse. (Signed by Judge Alison J. Nathan on 1/30/2015) (rjm) (Entered: 01/30/2015)

01/30/2015 238 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated January 30, 2015 re: Pretrial Matters. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 01/30/2015)

01/30/2015 239 ORDER. As far as the Court can discern, nothing in Plaintiff's reply at Docket No. 234 has cured the lack of the underlying data or the illegibility of the maps to determine the source of Exhibit A. As it currently stands, the motion to admit Exhibit A as a summary exhibit is DENIED. Plaintiff's reply clarified that Exhibit B was not designed to be admitted in its own right, but rather was proposed as a summary of facts to which Defendant could stipulate. Therefore, in order to facilitate agreement to undisputed facts rather than the contents of a report per se, Plaintiff is ordered to submit a numbered list of facts extracted from Exhibit B that are offered for stipulation to Defendants by 11:00 a.m. on January 31, 2015. By 11:00 a.m. on February 1, 2015, Defendants shall file with the Court a letter indicating which proposed facts they will stipulate to, which they will not, and the reasons they will not stipulate to certain facts. In this endeavor, Defendants are again reminded that they can supply necessary context for otherwise agreed-upon facts through the evidence presented at trial, and as further set forth. (Signed by Judge Alison J. Nathan on 1/30/2015) (rjm) (Entered: 01/30/2015)

01/30/2015 240 ORDER. Plaintiff may seek to introduce the report or facts contained in the report as evidence at trial if he can do so in a way that otherwise accords with the Federal Rules of Evidence and pretrial disclosure obligations, and as further set forth herein. (Signed by Judge Alison J. Nathan on 1/30/2015) (rjm) (Entered: 01/30/2015)

01/30/2015 241 ORDER: It is hereby ORDERED that the following attorneys are authorized to bring the Personal Electronic Devices and/or the General Purpose Computing Devices listed below into the Courthouse for use in a proceeding or trial in the action captioned: Lee E. Buchwald, Plaintiff, vs. The Renco Group, Inc., et al, Defendants, No. 1:13-CV-07948-AJN. The dates for which such authorization is provided are: February 2, 2015 to March 1, 2015. 1. H. Peter Haveles - Laptop, laptop power supply, Blackberry. 2. Tai H. Park - Microsoft Surface Pro, power supply, Blackberry. 3. Jeffrey A. Fuisz - Laptop, laptop power supply, iPhone, external hard drive, iPad. 4. Steven C. Bennett - Blackberry. 5. Joshua R. Weiss - Microsoft Surface RT, power supply, iPhone. 6. Peter Lattanzio - Laptop, laptop power supply, iPhone. 7. John Cahalan - Laptop, laptop power supply, Blackberry. 8. Alice Huling - Laptop, laptop power supply, iPhone. 9. John W. Scott - 5 laptops, 5 laptop power supplies, iPhone, Samsung Note 3 phone, 2 external hard drives, 1 VGA Switch; 1 Laser pointer. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/30/2015) (ajs) (Entered: 01/30/2015)

01/30/2015 242 MEMO ENDORSEMENT on re: 230 Letter,, filed by Justin W. D'atri, Todd R. Ogaard, Ron L. Thayer, Dennis A. Sadlowski, Michael H. Legge, Roger L. Fay, Lee R. Brown, The Renco Group, Inc., Howard I. Kaplan, Ira Leon Rennert, Michael C. Ryan, re: Request to bring magnesium into the Courthouse. ENDORSEMENT: DENIED. DENIED. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/30/2015) (ajs) (Entered: 01/30/2015)

01/30/2015 243 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated January 30, 2015 re: Denial of Defendants' Proposed Order. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 01/30/2015)

01/30/2015 249 ORDER. Before the Court are the issues raised in Defendants' letter at Docket No. 238. Responding to each issue raised according to its number, the Court orders as follows: 1. The parties shall meet and confer by phone and submit a proposed limiting instruction by noon on Sunday, February 1, 2015. 2. The parties shall exchange any proposed demonstrative evidence, and meet and confer by phone regarding any objections. Any unresolved issues should be raised by letter motion by noon on Sunday, February 1, 2015. 3-7. The parties shall meet and confer by phone regarding each of these issues. The parties may brief any remaining unresolved disputes by noon on Sunday, February 1, 2015. As a reminder, a courtesy copy of all matters ECF filed over the weekend should be provided to the Court at my law clerk's email address, as previously provided to the parties. (Signed by Judge Alison J. Nathan on 1/30/2015) (rjm) (Entered: 02/02/2015)

01/30/2015 250 ORDER. It is hereby ORDERED that the following attorneys are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned: LEE E. BUCHWALD, Plaintiff, vs. THE RENCO GROUP, INC., et al, Defendants, No. 1:13-CV-07948-AJN. The dates for which such authorization is provided are: February 2, 2015 to March 1, 2015. Attorney: Michael Ryan. Device(s): iPhone, iPad, and as further set forth. (Signed by Judge Alison J. Nathan on 1/30/2015) (rjm) (Entered: 02/02/2015)

01/30/2015 253 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Lee E. Buchwald, v. The Renco Group, et al. 13-cv-7948 (AJN). The date(s) for which such authorization is provided is (are) February 2-28, 2015. Attorneys Malcolm Loeb, Nishan J. Wilde, Nicholas F. Kajon, Ashley W. Hale and Trevor D. Cox may each bring a cell phone. The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. (Signed by Judge Alison J. Nathan on 1/30/2015) (kgo) (Entered: 02/02/2015)

01/30/2015 258 ENDORSED LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated 1/30/2015 re: Request to bring in general purpose computing devices. ENDORSEMENT: DENIED. No indication provided that these "agents" are members of a bar as required by M10-486(name?). (Signed by Judge Alison J. Nathan on 1/30/2015) (ajs) (Entered: 02/02/2015)

02/01/2015 244 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 1, 2015 re: plaintiff's and defendants' agreed upon stipulated facts. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Stipulated Facts)(Haveles, H.) (Entered: 02/01/2015)

02/01/2015 245 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 1, 2015 re: plaintiff's and defendants' agreed upon instruction to the jury. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Instruction)(Haveles, H.) (Entered: 02/01/2015)

02/01/2015 246 BRIEF re 30 January Order re Defendants' 30 January Letter. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/01/2015)

02/01/2015 247 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 1, 2015 re: Defendants' Objections to the Trustee's Proposed Opening Slides. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/01/2015)

02/01/2015 248 LETTER addressed to Judge Alison J. Nathan from Tai H. Park dated February 1, 2015 re: the scope of deposition use for impeachment at trial. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/01/2015)

02/01/2015 252 MEMO ENDORSEMENT on re: 243 Letter, filed by Justin W. D'atri, Todd R. Ogaard, Ron L. Thayer, Dennis A. Sadlowski, Michael H. Legge, Roger L. Fay, Lee R. Brown, The Renco Group, Inc., Howard I. Kaplan, Ira Leon Rennert, Michael C. Ryan. ENDORSEMENT: DENIED. Only members of the bar may bring personal computing devices. (Signed by Judge Alison J. Nathan on 2/1/2015) (kgo) (Entered: 02/02/2015)

02/01/2015 254 ORDER: Before the Court are several pretrial matters raised by Defendants since Friday afternoon. After considering both parties' submissions on these matters, the Court rules as follows: (1) Defendants' objection to introduction of the stipulation of facts filed as Exhibit 1 to Docket No. 245 under Federal Rules of Evidence 401 and 403 is overruled. (2) The agreed proposed instruction regarding Defendants not appearing at trial will be read to the jury. (3) Defendants' objection to Plaintiff's use of images of Mr. Rennert's Sagaponack home in his opening statement is overruled. (4) Defendants' objection to Plaintiff's use of the Legge Deposition showing MagCorp's financial condition in bankruptcy is overruled. (5) Defendants' objection to slides showing MagCorp's chlorine emissions in Plaintiff's opening is overruled. (6) Defendants' Rule 403 objection to statements that CERCLA-covered toxins cause birth defects is sustained. (7) Defendants' Rule 403 objection to the demonstratives labeled "dioxins" and "DNA" is sustained. (8) Defendants' objections to Exhibits 2042 and 2191 are overruled. (9) Defendants' objections to the legal argumentation on slides 14 and 36 are sustained. Defendants' objection to the legal argumentation on slide 88 is overruled. (10) Defendants' objection to use of Robin Adams's penalty figures on slide 102 is sustained. (11) Defendants' objection to the price paid in bankruptcy for MagCorp by the Renco Group on slide 15 is sustained. (12) Defendants' objection to placing quotation marks in the opening slideshow around deposition testimony of witnesses who will testify at trial is sustained.(13) Defendants' objection to slide 104 on the grounds that it mischaracterized the evidence is overruled. (14) Defendants' objections to the models showing "IG Electrolytic Cell," "Melt or Reactor Process," and "Sealed Electrolytic Cell" are overruled. (15) Defendants' application to have the Court instruct the parties that witness's deposition statements that they "did not know" or "couldn't remember" certain matters may not be used to impeach trial testimony is DENIED. Remaining objections will be addressed at the commencement of trial with counsel present. (Signed by Judge Alison J. Nathan on 2/1/2015) (kgo) (Entered: 02/02/2015)

02/01/2015 255 ENDORSED LETTER addressed to Judge Alison J. Nathan from Nishan J. Wilde dated 1/30/2015 re: We submit this proposed Order to Allow Computing Devices. ENDORSEMENT: DENIED. Only members of the bar may bring personal computing devices. (Signed by Judge Alison J. Nathan on 2/1/2015) (kgo) (Entered: 02/02/2015)

02/02/2015 251 ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned Lee E. Buchwald, v. The Renco Group, et al. 13-cv-7948 (AJN). The date(s) for which such authorization is provided is (are) 2 Feb 2015 to 27 Feb 2015. Attorneys Leo R. Beus, Malcolm Loeb, and Nishan J. Wilde may bring in 2 laptops, 1 computer monitor, 1 splitter box, 1 printer, 2 external hard drives, 1 laser pointer, and multiple computer and printer cables. The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. (Signed by Judge Alison J. Nathan on 2/2/2015) (kgo) (Entered: 02/02/2015)

02/02/2015 256 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/20/2015 before Judge Alison J. Nathan. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/26/2015. Redacted Transcript Deadline set for 3/9/2015. Release of Transcript Restriction set for 5/7/2015.(McGuirk, Kelly) (Entered: 02/02/2015)

02/02/2015 257 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/20/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 02/02/2015)

02/03/2015 259 ORDER: It is hereby ORDERED that the following attorneys are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned: LEE E. BUCHWALD, Plaintiff, vs. THE RENCO GROUP, INC., et al, Defendants, No. 1:13-CV-07948-AJN. The dates for which such authorization is provided are: February 2, 2015 to March 1, 2015. Attorney John W. Scott may bring a printer. The attorney(s) identified in this Order must present a copy of this Order when entering the Courthouse. Bringing any authorized Device(s) into the Courthouse or its Environs constitutes a certification by the attorney that he or she will comply in all respects with the restrictions and obligations set forth in Standing Order M10-468, as Revised. (Signed by Judge Alison J. Nathan on 2/2/2015) (kgo) (Entered: 02/03/2015)

02/04/2015 260 BRIEF re: 175 Order on Motion in Limine * * * re Opening the Door About M Cell. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/04/2015)

02/06/2015 261 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 5, 2015 re: DX8180. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/06/2015)

02/06/2015 262 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 6, 2015 re: disclosure issues in the 1996 bond offering. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/06/2015)

02/08/2015 263 ORDER: It is hereby ORDERED that the following vendor is authorized to bring the equipment listed below into the Courthouse for use in the captioned proceeding. The dates for which such authorization is provided are 9 February 2015 to 27 February 2015. Jose Lopez, Edison Litigation Technology Advisory Services may bring 1 Large Flat Screen Monitor (Television) and 1 Stand for Large Flat Screen Monitor (Television). The vendor identified in this Order must present a copy of this Order when entering the Courthouse. (Signed by Judge Alison J. Nathan on 2/8/2015) (kgo) (Entered: 02/09/2015)

02/11/2015 264 ORDER: Before the Court are Defendants' evidentiary objections to deposition designations that Plaintiff has proffered in advance of offering them as evidence at trial. The Court has considered Plaintiff's initial proffer, Defendant's written objections, and Plaintiff's revised proffer andresponse to Plaintiff's objections. The objections are resolved as follows herein. (Signed by Judge Alison J. Nathan on 2/11/2015) (kgo) (Entered: 02/11/2015)

02/12/2015 265 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 8, 2015 re: Reconsideration of ruling regarding DX-8180 (DLJ Proposal). Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 DX8180A)(Haveles, H.) (Entered: 02/12/2015)

02/12/2015 266 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 8, 2015 re: Defendants objections to Plaintiffs deposition designations. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/12/2015)

02/12/2015 267 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 8, 2015 re: Relevance of Other Renco Group Bankruptcies. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/12/2015)

02/12/2015 268 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 8, 2015 re: Deposition Testimony of Ira Rennert. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/12/2015)

02/12/2015 269 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 9, 2015 re: Upcoming Thomas Tripp testimony. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/12/2015)

02/12/2015 270 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 10, 2015 re: Reconsideration of ruling regarding DX-8180 (DLJ Proposal). Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 DX-8180B)(Haveles, H.) (Entered: 02/12/2015)

02/12/2015 271 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 11, 2015 re: Testimony of Jason Frank. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/12/2015)

02/13/2015 272 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 12, 2015 re: Rule 26 Objection During Frank Testimony. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/13/2015)

02/13/2015 273 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 13, 2015 re: Certified EPA Documents. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/13/2015)

02/13/2015 274 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 13, 2015 re: Admission of Exhibit 2615. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/13/2015)

02/13/2015 275 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 13, 2015 re: Testimony of Jason Frank. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/13/2015)

02/13/2015 276 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 13, 2015 re: USGS Open File Report 01-341. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/13/2015)

02/16/2015 280 ORDER: The Court has read and considered the parties' filings on Friday, February 13, 2015, regarding: (1) Defendants' objection under Federal Rule of Civil Procedure 26(a) to Jason Frank's testimony regarding the "common sense test" that Mr. Frank conducted and the matters he took into account in order to perform it; (2) Defendants' objection to Mr. Frank's reference to the Buder-Pinkerton Report; (3) the Trustee's motion to admit Exhibit 2615 under Rule 803(3); ( 4) Defendants' objection to certain certified EPA documents proffered by Plaintiff; and (5) Plaintiff's request for judicial notice of magnesium prices. Those issues are resolved as follows herein. (Signed by Judge Alison J. Nathan on 12/16/2014) (kgo) (Entered: 02/17/2015)

02/16/2015 281 ORDER: Based on the progress of trial, the Court anticipates that the presentation of evidence to the jury will likely conclude the morning of Thursday, February 19, 2015. The Court therefore sets the following tentative schedule to govern the remainder of trial: By Wednesday, February 18, 2015 at 8 p.m., the parties shall file via ECF any additional substantive charges requested beyond those included in the draft charge at Docket No. 217. Specific wording and legal authority in support of any proposed additional charge must be provided. The Court will address any proposed wording changes in extant substantive charges at the charging conference, after the Court has sent the parties a renewed and full draft set of charges in advance of the charging conference. The charging conference is tentatively set for Friday, February 20, 2015, at 9:30 a.m. Closing arguments are tentatively scheduled to begin at 9:30 a.m. on Monday, February 23, 2015. Status Conference set for 2/20/2015 at 09:00 AM before Judge Alison J. Nathan. Status Conference set for 2/23/2015 at 09:30 AM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 2/6/2015) (kgo) Modified on 2/17/2015 (kgo). (Entered: 02/17/2015)

02/17/2015 277 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 17, 2015 re: Defendants Request to Bring Rock Salt into the Courtroom. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Proposed Order)(Haveles, H.) (Entered: 02/17/2015)

02/17/2015 278 BRIEF re: 262 Letter, re: Opening the door to misrepresentation in the bond offerings. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/17/2015)

02/17/2015 279 ORDER: It is hereby ORDERED that the following individuals are authorized to bring one piece of rock salt taken from the Rowley facility, which is approximately 6 inches long and 1.5 inches wide and weighs approximately 3 pounds, into the Courthouse for use in the captioned proceeding. The dates for which such authorization is provided are February 12, 2015 to March 1, 2015. H. Peter Haveles, Jr., Jeffrey A. Fuisz, John S. Cahalan, and John Scott may bring in 1 Piece of Rock Salt from the Rowley facility, which is approximately 6 inches long and 1.5 inches wide and weighs approximately 3 pounds. The individual(s) identified in this Order must present a copy of this Order when entering the Courthouse. (Signed by Judge Alison J. Nathan on 2/17/2015) (kgo) (Entered: 02/17/2015)

02/17/2015 282 BRIEF re: 261 Letter, re Motion in Limine re Mispresentations in Bond Offerings. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/17/2015)
02/17/2015 283 RESPONSE re: 265 Letter, re 8180. Document filed by Lee E. Buchwald. (Stirling, Scot) (Entered: 02/17/2015)

02/17/2015 284 BRIEF re: 266 Letter, re Defendants Deposition Objections. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/17/2015)

02/17/2015 285 RESPONSE re: 266 Letter, Responses and Proffer re Defendants' Objections to Deposition. Document filed by Lee E. Buchwald. (Attachments: # 1 Deposition Designations Number One, # 2 Deposition Designations for EPA UDEQ witnesses)(Stirling, Scot) (Entered: 02/17/2015)

02/17/2015 286 BRIEF re: 267 Letter, re Renco Group Bankruptcies. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/17/2015)
02/17/2015 287 BRIEF re: 268 Letter, Trustee Brief re Deposition Misconduct. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/17/2015)

02/17/2015 288 RESPONSE re: 273 Letter, re Defendants Objections to EPA Certified Exhibits. Document filed by Lee E. Buchwald. (Stirling, Scot) (Entered: 02/17/2015)
02/17/2015 289 RESPONSE re: 274 Letter, re Exhibit 2615. Document filed by Lee E. Buchwald. (Stirling, Scot) (Entered: 02/17/2015)

02/17/2015 290 RESPONSE re: 275 Letter, re Frank Reference to Butler-Pinkerton. Document filed by Lee E. Buchwald. (Attachments: # 1 Exhibit Exhibit A - Company Specific Risk and Publicly Traded Stock)(Stirling, Scot) (Entered: 02/17/2015)

02/17/2015 291 MOTION for Reconsideration re; 276 Letter, re Judicial Notice of USGS Report. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/17/2015)

02/18/2015 292 PROPOSED JURY INSTRUCTIONS. Document filed by Lee E. Buchwald.(Stirling, Scot) (Entered: 02/18/2015)

02/18/2015 293 PROPOSED JURY INSTRUCTIONS. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/18/2015)

02/18/2015 294 PROPOSED JURY INSTRUCTIONS. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/18/2015)

02/18/2015 295 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 18, 2015 re: Judicial Notice of the Real Gross Domestic Product Percent Change. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Exhibit 1)(Haveles, H.) (Entered: 02/18/2015)

02/19/2015 296 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Directed Verdict /Defendants' Memorandum of Law in Support of Defendants' Motion for a Directed Verdict Under Rule 50. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) Modified on 2/20/2015 (ldi). (Entered: 02/19/2015)

02/19/2015 297 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Directed Verdict /CORRECTED Defendants Memorandum of Law in Support of Defendants Motion for a Directed Verdict Under Rule 50. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) Modified on 2/20/2015 (ldi). (Entered: 02/19/2015)
02/20/2015 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney H. Peter Haveles to RE-FILE Document 297 MOTION for Directed Verdict /CORRECTED Defendants Memorandum of Law in Support of Defendants Motion for a Directed Verdict Under Rule 50., 296 MOTION for Directed Verdict /Defendants' Memorandum of Law in Support of Defendants' Motion for a Directed Verdict Under Rule 50. Use the event type Memorandum of Law in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 02/20/2015)

02/22/2015 298 ORDER: Following the full-day charging conference that took place on Friday, February 20, 2015, the Court ordered parties to brief unresolved issues relating to the jury charge by 8:00 p.m. on Saturday, February 21, 2015. Tomorrow morning (Monday, February 23, 2015), the Court will circulate a new draft jury charge resolving the issues briefed over the weekend. The new draft charge will also incorporate all the changes ordered by the Court or agreed to by the parties at Friday's charging conference. The Court will resume the charging conference at 11 a.m. on Monday, February 23, 2015 in Courtroom 506. At that time, the Court will confirm with the parties that all unresolved issues raised at last Friday's charging conference have been addressed, and will hear requests for editing or word choice changes in light of the alterations made to the charge over the weekend. The Court will not consider new issues that could have been but were not raised at last Friday's charging conference, when a full day was spent hearing objections and requests to edit the proposed charge and verdict sheet. (Signed by Judge Alison J. Nathan on 2/22/2015) (kgo) (Entered: 02/23/2015)

02/23/2015 299 MOTION for Directed Verdict . Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/23/2015)

02/23/2015 300 MEMORANDUM OF LAW in Support re: 299 MOTION for Directed Verdict . . Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Haveles, H.) (Entered: 02/23/2015)
02/23/2015 301 ORDER: Following a second day of the charging conference, the parties indicated that they had been heard on all issues related to the jury charge and verdict form. Attached to this order are final versions of the jury charge and special verdict form reflecting the changes made at today's charging conference (February 23, 2015). If the parties see any technical errors or transcription mistakes made as a result of the changes inputted today, they may raise them with the Court tomorrow morning (February 24, 2015) before the jury is brought in. (Signed by Judge Alison J. Nathan on 2/23/2015) (kgo) (Entered: 02/24/2015)

02/23/2015 302 ORDER: The Court has read and considered Defendants' submission containing objections to slides to be used in Plaintiff's closing statement tomorrow. The objections to Slide 442 and the Slides entitled "Renco Metals Lost $19.7 Million," reproductions of which were attached to Defendants' submission, are SUSTAINED. (Signed by Judge Alison J. Nathan on 2/23/2015) (kgo) (Entered: 02/24/2015)

02/25/2015 303 Jury Instructions.(snu) (Entered: 02/25/2015)

02/25/2015 304 Blank Jury Verdict Form.(snu) (Entered: 02/25/2015)

02/25/2015 305 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 21, 2015 re: Choice of Law for Utah Defendants. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/25/2015)

02/25/2015 306 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 21, 2015 re: Plaintiffs Opposition to Directed Verdict. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/25/2015)

02/25/2015 307 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 21, 2015 re: Punitive Damages for Breach of Fiduciary Duty. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/25/2015)

02/25/2015 308 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 21, 2015 re: Unjust Enrichment. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/25/2015)

02/25/2015 309 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 23, 2015 re: Objections to Plaintiffs Closing Slides. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc.. (Attachments: # 1 Slides)(Haveles, H.) (Entered: 02/25/2015)

02/25/2015 310 LETTER addressed to Judge Alison J. Nathan from H. Peter Haveles, Jr. dated February 25, 2015 re: Objection to Comments Made in Plaintiffs Closing. Document filed by Lee R. Brown, Justin W. D'atri, Roger L. Fay, Howard I. Kaplan, Michael H. Legge, Todd R. Ogaard, Ira Leon Rennert, Michael C. Ryan, Dennis A. Sadlowski, Ron L. Thayer, The Renco Group, Inc..(Haveles, H.) (Entered: 02/25/2015)

02/27/2015 311 ORDER: The parties are hereby ORDERED to simultaneously submit letters, no longer than three (3) pages in length, addressing with citation to authority whether judgment ought to be entered immediately, with the question of any post-judgment interest to be determined subsequently. The letters are to be filed no later than Tuesday, March 3, 2015. (Signed by Judge Alison J. Nathan on 2/27/2015) (kko) (Entered: 02/27/2015)

Outcome: Plaintiffs' verdict for $118 million.

Plaintiff's Experts:

Defendant's Experts:

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