G&K Services Company v. Bill's Super Foods Inc

Filing 183

ORDER granting 162 Plaintiff's Motion to Dismiss Defendant Billy Orr without prejudice; denying without prejudice 169 Plaintiff's Third Motion in Limine and Objections to Charts; granting 171 Plaintiff's Motion for Order to Establish Certain Facts for which No Proof will be Required; and denying without prejudice in part and granting in part 175 Plaintiff's Fourth Motion in Limine and Objection to Charts. Signed by Magistrate Judge Joe J. Volpe on 4/29/2013. (thd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION G&K SERVICES CO. , INC. v. PLAINTIFF 3:08-CV-00048-JJV BILL’S SUPER FOODS, INC. and BILL ORR DEFENDANTS ORDER The following rulings are based on the findings of fact and conclusions of law made in the telephone conference held today: 1. Plaintiff’s Motion to Dismiss Defendant Billy Orr Without Prejudice (Doc. No. 162) is GRANTED. 2. Plaintiff’s Third Motion in Limine and Objections to Charts (Doc. Nos. 169) is DENIED without prejudice. However, if the parties expect their summaries to be admitted under Federal Rule of Evidence 1006, the exhibits must contain only accurate, factual, objective data based on the invoices. 3. Plaintiff’s Motion for Order to Establish Certain Facts for Which No Proof Will Be Required (Doc. No. 171) is GRANTED. A jury instruction will address this issue. 4. Plaintiff’s Fourth Motions in Limine and Objections to Charts (Doc. No. 175) is DENIED without prejudice in PART and GRANTED in PART. To the extent that Plaintiff seeks to exclude evidence already deemed irrelevant in earlier rulings, e.g., pre-July 2006 “ghost charges,” the motion is granted. The remaining requests are denied; see paragraph 2 above. IT IS SO ORDERED this 29th day of April, 2013. /s/ Joe J. Volpe UNITED STATES MAGISTRATE JUDGE

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