Court transcript excerpt with unclear references to a summary judgment motion

10 id. 12 13 14 L5 16 ne) 18 life) 20 21 22 23 24 25 H3vlgiu2 judgment motion. points, particular argument, THE COURT: 98 Your Honor ruled against us on a couple of but your Honor was silent with respect to this argument No. 4 -- Ah. MS. MENNINGER: THE COURT: -- in your ruling. that was? MS. MENNINGER: Our plaintiff's statement two days after the -- THE, COURT: The one om the street. MS. MENNINGER: Exactly. That in that statement, our client said, we stand by the statement, or, I am referring to the statement that we made. THE COURT: Yes, yes, yes. Okay. I'm just trying to figure it outs. me I failed response by plaintiff to that argument is our point; their response to summary judgment, alt. they failed to respond to it other So in a very nice, polite way, you're telling to deal with that motion of yours. MS. MENNING e% ‘RR: That's correct, your Honor. THI ES COURT: So it's still out there. MS. MENNINGER: Still out there; There was no THE COURT : that in they didn't mention it at Well, that's probably where I missed it. MS. MENNING T, So I think the fact that cases, has COnNSeEquences; IR: Exactly. then, as your Honor has held in namely, it's a conceded point. SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 HOUSE_OVERSIGHT_011396