Soilworks LLC v Midwest Industrial Supply Inc

Filing 126

RESPONSE to Motion re 107 MOTION in Limine to Bar Testimony and Evidence of Liability Insurance filed by Soilworks LLC, Soilworks LLC. (Dosek, E)

Soilworks LLC v Midwest Industrial Supply Inc

Doc. 12

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E. SCOTT DOSEK #012114 JOHN P. PASSARELLI #16018 (NE) KUTAK ROCK LLP Suite 300 8601 North Scottsdale Road Scottsdale, AZ 85253-2742 [phone] Facsimile: [phone] Attorneys for Plaintiff / Counterdefendant / Counterclaimant Soilworks, LLC UNITED STATES DISTRICT COURT IN AND FOR THE DISTRICT OF ARIZONA SOILWORKS, LLC, an Arizona corporation, Plaintiff / Counterdefendant / Counterclaimant, v. MIDWEST INDUSTRIAL SUPPLY, INC., an Ohio corporation authorized to do business in Arizona, Defendant / Counterclaimant / Counterdefendant.

NO.: 2:06-CV-2141-DGC SOILWORKS, LLC'S RESPONSE TO MIDWEST INDUSTRIAL SUPPLY, INC.'S MOTION IN LIMINE (DOC. #107) TO BAR TESTIMONY AND EVIDENCE OF LIABILITY INSURANCE (Before the Honorable David G. Campbell)

At no time during the course of this litigation has Soilworks indicated a desire or intent to offer into evidence or refer to the fact of Midwest's ownership of a policy of liability insurance which covers claims asserted by Soilworks. Midwest's Motion in Limine is therefore unnecessary. Soilworks has no intention of introducing such evidence. Dated this 24th day of September, 2008. KUTAK ROCK LLP By /s E. Scott Dosek E. Scott Dosek, Esq. John P. Passarelli, Esq. 8601 North Scottsdale Road #300 Scottsdale, AZ 85253-2742 Attorneys for Plaintiff Soilworks, LLC

4818-3168-5891.1

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4818-3168-5891.1

CERTIFICATE OF SERVICE I hereby certify that on September 24, 2008, the foregoing SOILWORKS, LLC'S RESPONSE TO MIDWEST'S MOTION IN LIMINE TO BAR TESTIMONY AND EVIDENCE OF LIABILITY INSURANCE was filed electronically. Notice of this filing will be sent to all parties by operations of the Court's electronic filing system. Parties may access this filing through the Court's system.

/s Amy S. Fletcher Amy S. Fletcher

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