The Citri-Lite Company, Inc. v. Cott Beverages, Inc.

Filing 111

ORDER on Cott Beverages, Inc.'s 96 Motion in Limine to Strike Expert Opinions of Thomas Neches signed by Judge Oliver W. Wanger on 5/2/2011. (Figueroa, O)

1 SCHEPER KIM & HARRIS LLP

DAVID C. SCHEPER (State Bar No. 120174)

2 [e-mail]

GREGORY A. ELLIS (State Bar No. 204478)

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601 West Fifth Street, Twelfth Floor

4 Los Angeles, CA 90071-2025

Telephone: [phone]
[phone]

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6 Attorneys for Defendant Cott Beverages

Inc.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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(FRESNO DIVISION)

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THE CITRI-LITE COMPANY, INC., a

14 California corporation,

Plaintiff,

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v.

17 COTT BEVERAGES, INC., DBA

COTT BEVERAGES U.S.A., a Georgia

CASE NO. 1:07-CV-01075-OWW-JLT

ORDER ON COTT BEVERAGES,
INC.’S MOTION IN LIMINE TO
STRIKE EXPERT OPINIONS OF
THOMAS NECHES

18 corporation, and Does 1-25,

Defendants.

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Defendant Cott Beverages Inc. (“Cott”)’s motion in limine to exclude the
opinions of Mr. Thomas Neches as to purported “lost goodwill” damages of CitriLite beyond 2005, including his “upper bound” damages projections, came on for
hearing on April 14, 2011. Cott was represented by Gregory A. Ellis, Esq., and
Plaintiff The Citri-Lite Company, Inc. was represented by David J. Cooper, Esq. and
James M. Duncan, Esq.
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FINALProposed Order on Motion in Limine re Neches Opinions (2).DOC

ORDER ON COTT BEVERAGES, INC.’S MOTION IN LIMINE TO STRIKE
EXPERT OPINIONS OF
PDF created with pdfFactory trial version www.pdffactory.com THOMAS NECHES

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After reviewing the parties’ brief, and hearing the arguments of counsel, the

2 Court DENIES Cott’s motion; Citri-Lite will be able to present Mr. Neches’
3 opinions at trial, and Cott will be able to cross-examine Mr. Neches regarding his
4 methodologies and the factual bases for his opinions at that time. At the hearing, the
5 parties further stipulated that Citri-Lite will not seek any incremental “lost
6 goodwill” value of Citri-Lite, as a company, as damages at trial.
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IT IS SO ORDERED.

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10 Dated: May 2, 2011

/s/ OLIVER W. WANGER

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United States District Judge

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FINALProposed Order on Motion in Limine re Neches Opinions (2).DOC

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ORDER ON COTT BEVERAGES, INC.’S MOTION IN LIMINE TO STRIKE
EXPERT OPINIONS OF THOMAS NECHES

PDF created with pdfFactory trial version www.pdffactory.com