CRS Recovery Inc et al v. Laxton et al

Filing 317

ORDER by Judge Claudia Wilken ORDER ON 277 , 294 MOTIONS IN LIMINE. (ndr, COURT STAFF) (Filed on 4/30/2012)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 CRS RECOVERY, INC., a Virginia corporation; and DALE MAYBERRY, No. C 06-7093 CW Plaintiffs, ORDER ON MOTIONS IN LIMINE 6 v. 7 8 9 JOHN LAXTON, aka johnlaxton@gmail.com; and NORTHBAY REAL ESTATE, INC., Defendants. United States District Court For the Northern District of California 10 11 ________________________________/ 12 The Court issues the following rulings on the parties’ 13 14 motions in limine: PLAINTIFFS’ MOTIONS IN LIMINE 15 1. Motion to exclude evidence of bankruptcies of Defendants John 16 Laxton and Northbay Real Estate, Inc. 17 GRANTED. Laxton may serve as the corporate representative 18 for Northbay. 19 2. Motion to exclude evidence of or reference to any conduct by 20 Defendants after they acquired RL.com. 21 GRANTED in part, DENIED in part. Evidence of the subsequent 22 proceedings before the World Intellectual Property Organization 23 (WIPO) evidence is admissible for the limited purpose of 24 establishing that Plaintiffs waived their rights of ownership over 25 RL.com. This evidence is not relevant to the good-faith purchaser 26 defense, which is based on Laxton’s knowledge at the time that he 27 purchased RL.com, and any probative value would be further 28 1 diminished by the fact that Laxton had actual notice of 2 Plaintiffs’ claims to RL.com prior to the WIPO proceedings. 3 3. 4 R. Levine. 5 Motion to exclude testimony of Defendants’ expert, Dr. John WITHDRAWN by Plaintiffs. 6 4. 7 Plaintiffs and former Defendant Li Qiang. 8 9 Motion to exclude evidence of the terms of settlement between GRANTED. Defendants may move to admit this evidence, if it becomes relevant for impeachment or rebuttal purposes. United States District Court For the Northern District of California 10 5. 11 assignment of RL.com from Plaintiff Dale Mayberry to Plaintiff CRS 12 Recovery. 13 Motion to exclude evidence of the financial terms of the GRANTED. 14 6. 15 Circuit opinion in this matter. 16 Motion to exclude evidence of or reference to the Ninth GRANTED. Defendants do not oppose this motion. 17 7. 18 purchaser defense until Defendants have introduced evidence that 19 the transfer of RL.com was obtained by fraud. 20 Motion to exclude evidence of or reference to the good-faith DENIED. 21 8. 22 and Richard Lau about the domain name beef.com and Lau’s alleged 23 use of aliases. 24 Motion to exclude evidence of communications between Laxton DENIED. 25 26 DEFENDANTS’ MOTIONS IN LIMINE 1. 27 28 Motion to exclude evidence of damages based on lost profits. DENIED. 2. Motion to exclude expert testimony of Richard Lau. 2 1 WITHDRAWN by Defendants. Defendants reserved the right to 2 move to exclude Lau’s expert testimony, if he offers testimony 3 that is duplicative of Plaintiffs’ other experts at trial. 4 3. 5 registration of RL.com, and to exclude evidence of or reference to 6 this Court’s prior summary judgment order in this case. 7 Motion to instruct the jury not to consider the current GRANTED. Plaintiffs do not oppose this motion. The parties 8 shall meet and confer regarding an appropriate instruction 9 directing the jury to disregard the current registration of RL.com United States District Court For the Northern District of California 10 for the purpose of determining which party is entitled to 11 ownership of it. 12 IT IS SO ORDERED. 13 14 15 Dated: 4/30/2012 CLAUDIA WILKEN United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3