Jerry and Patricia A. Dixon, et al - Page 112




                                       - 192 -                                        

          of the parties' objections to the documents attached to the                 
          parties' fourth and fifth stipulations of fact, and that having             
          Ms. Rinaldi testify would complete the record insofar as she                
          might have declined to testify at the initial evidentiary hearing           
          because of perceived intimidation.  However, the Court rejected             
          Mr. Sticht's request to call Mr. Rogers to testify on the grounds           
          that:  (1) Mr. Rogers' testimony was not related to the documents           
          attached to the parties' fourth and fifth stipulations of fact;             
          (2) there was no indication that Mr. Rogers had declined to                 
          testify during the initial evidentiary hearing because of                   
          perceived intimidation;86 and (3) Mr. Sticht's proffer of                   
          Mr. Rogers' testimony revealed that the testimony, which                    
          primarily concerned the First Savings acquisition, would amount             
          to an attempt to retry the Dixon test cases on the merits or                
          would concern a transaction that was not in issue in the trial of           
          the test cases.                                                             
          B.   Supplemental Evidentiary Hearing (August 18, 1997)                     
               On July 24, 1997, Mr. Kersting filed a Motion for Protection           
          or to Quash asserting that the supplemental evidentiary hearing             
          and production of the documents identified in the subpoena that             
          Mr. Sticht had served on him in May 1996 (before the initial                
          evidentiary hearing) would amount to an attempt to retry the                


          86  On June 17, 1997, at the initial evidentiary hearing,                   
          Mr. Sticht stated on the record that he was reconsidering whether           
          Mr. Rogers' testimony was necessary in light of other evidence              
          already in the record.                                                      


Page:  Previous  182  183  184  185  186  187  188  189  190  191  192  193  194  195  196  197  198  199  200  201  Next

Last modified: May 25, 2011