Hanger Prosthetics & Orthotics, Inc. v. Capstone Orthopedic, Inc. et al

Filing 245

ORDER Transmitting Proposed Closing Instructions and Verdict Form; and Eliminating Solicitation Claim, signed by Judge Garland E. Burrell, Jr on 2/13/09. (Attachments: # 1 Closing Instructions, # 2 Final Verdict Form)(Kastilahn, A)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties shall consider the attached closing jury instructions and verdict form and provide input at their earliest convenience. If necessary, a hearing could be scheduled on this UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA HANGER PROSTHETICS & ORTHOTICS, INC., Plaintiff, ) ) ) ) v. ) ) CAPSTONE ORTHOPEDIC, INC.; ) SANTIAGO ROSALES; GLEN S. ELLIS; ) DAVID KIMZEY; ANGELA FULTON, ) ) Defendants. ) ___________________________________) 2:06-cv-02879-GEB-KJM ORDER TRANSMITTING PROPOSED CLOSING INSTRUCTIONS AND VERDICT FORM; AND ELIMINATING SOLICITATION CLAIM

matter before trial commences on February 18, 2009. Further, it does not appear that Plaintiff's claim against Defendant Ellis for breach of the non-solicitation agreement is viable under Edwards v. Arthur Andersen LLP, 44 Cal.

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4th 937 (2008); therefore, that claim has not been included in the attached documents. Dated: February 13, 2009

GARLAND E. BURRELL, JR. United States District Judge