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Asphalt Trader Ltd. v. Beall

United States District Court, D. Utah

October 7, 2019

ASPHALT TRADER LIMITED, Plaintiff
v.
ROBERT SCOTT BEALL and TARYN CAPITAL ENERGY, L.L.C., Defendants

          MEMORANDUM DECISION AND ORDER OVERRULING DEFENDANT BEALL'S OBJECTION TO EVIDENCE SUBMITTED BY PLAINTIFF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT

          Howard C. Nielson, Jr. United States District Judge.

         Pursuant to Fed.R.Civ.P. 56 and DUCivR 7-1(b)(1)(B), Defendant Robert Scott Beall ("Beall") objected to the following evidence submitted by Plaintiff Asphalt Trader Limited ("Asphalt") in support of its motion for summary judgment:

(1) Asphalt's "Fraudulent Transfer Reference Sheet," attached as part of Exhibit E in Asphalt's Appendix in support of its motion for summary judgment.
(2) Asphalt's "Points of Claim," attached as Exhibit 2 to the Declaration of Elias Gotsis and included as Exhibit A-2 in Asphalt's Appendix in support of its motion for summary judgment.
(3) Asphalt's "Reasons for and Forming Part of Final Award," attached as Exhibit 3 to the Declaration of Elias Gotsis and included as Exhibit A-3 in Asphalt's Appendix in support of its motion for summary judgment.

         For the reasons detailed herein, the Court overrules Defendant Beall's objections.

         The Fraudulent Transfer Summary Sheet

Under Federal Rule of Evidence 1006,
[a] proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.

         "[T]he admission of summaries under Rule 1006 is within the sound discretion of the trial court." U.S. v. Thompson, 518 F.3d 832, 858 (10th Cir. 2008) (citation omitted). Plaintiffs "Fraudulent Transfer Reference Sheet" (hereinafter "summary sheet") is admissible under this rule.

         In United States v. Thompson, a fraud case, the Tenth Circuit held that the district court did not err in admitting summary charts because "[t]he government's evidence was incredibly voluminous, and it would have been incomprehensible to the jury without summarization." 518 F.3d 832, 859 (10th Cir. 2008). Each item "listed on the summaries was supported by at least one piece of evidence, such as a check, deposit slip, bank record, or wire transfer receipt. .. cross-referencing to each specific exhibit number." Id. In United States v. Schuler, the Tenth Circuit again found the use of summary exhibits proper given the voluminous nature of the financial records, the availability of the summaries to both parties, and the fact that the underlying records were admissible and admitted into evidence. 458 F.3d 1148, 1154 (10th Cir. 2006).[1]

         Here, Plaintiffs summary sheet condenses admissible bank records produced by Defendants in discovery and submitted with Plaintiffs motion for summary judgment. As in Thompson, the Court finds the Plaintiffs evidence would be "incredibly voluminous" and largely "incomprehensible" in its absence. Plaintiffs submission summarizes approximately one thousand transactions spanning multiple bank accounts. These submissions are evidenced by approximately three hundred and seventeen pages of Defendant Taryn's financial records. The summary sheet contains a "Bates Reference" column directing the Court to the corresponding bank statement page for each of the allegedly fraudulent transfers that it lists. See Thompson, 518 F.3d at 859. In addition, the financial records were produced by Defendants during discovery and authenticated by Defendant Beall at his deposition. See, e.g., Dkt. No. 77-4 at 67:18-68:2; 132:17-23; see also Schuler, 458 F.3d at 1154.

         To the extent Defendant Beall objects to the admission of the "Fraudulent Transfer Reference Sheet" on the grounds that Plaintiff must produce evidence sufficient to support a finding that the item is what the proponent claims it is, the court notes that the summary sheet merely summarizes facts allegedly contained in bank records and other financial documents that are evidence in this case. The summary sheet is not itself evidence or proof of any fact. Such charts or summaries are used only as a matter of convenience and to the extent that they are not, in truth, accurate summaries of facts or figures shown by the evidence, they will be disregarded. Thompson, 518 F.3d at 859.

         Due to the large number of allegedly fraudulent transfers, the voluminous documentation of these transfers, and the likely difficulty of analyzing this documentation absent the summary sheet, the Court finds interests of ...


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