Nucor Corporation v. J Baker & Associates Inc

Filing 89

ORDER denying 86 J Baker & Associates Inc's Supplemental Motion in Limine. Signed by Judge James M. Moody on 12/2/09. (jct)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NUCOR CORPORATION V. J. BAKER & ASSOCIATES, INC. V. NUCOR-YAMATO STEEL CO. ORDER Pending is the Supplemental Motion in Limine filed by J.Baker & Associates, Inc. ("JBA"). To clarify the Court's previous Order of November 17, 2009, the Court finds that Paragraph 9 of the Agreement is ambiguous. Therefore, agreements or negotiations prior to or contemporaneous with the adoption of the Agreement are admissible in evidence to establish the meaning of the writing. See RESTATEMENT 2D OF CONTRACTS § 214. Further, any evidence of agreement, course of dealing, and course of performance subsequent to the Agreement may also be admissible, subject to the Rules of Evidence, to aid in interpretation of the Agreement. L.F. Brands Mktg., Inc. v. Dillard's, Inc., 2009 Ark. App. 174 (2009)(citing Bank of Am. v. CD. Smith Motor Co., 106 S.W.3d 425 (Ark. 2003)). The Supplemental Motion in Limine (Docket # 86) is DENIED. IT IS SO ORDERED this 2nd day of December, 2009. THIRD PARTY DEFENDANT 3:08CV00067 JMM DEFENDANT/ COUNTERCLAIMANT/ THIRD PARTY PLAINTIFF PLAINTIFF/ COUNTERDEFENDANT

______________________________ James M. Moody United States District Judge