CRS Recovery Inc et al v. Laxton et al

Filing 317

ORDER by Judge Claudia Wilken ORDER ON 277 , 294 MOTIONS IN LIMINE. (ndr, COURT STAFF) (Filed on 4/30/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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CRS RECOVERY, INC., a Virginia
corporation; and DALE MAYBERRY,

No. C 06-7093 CW

Plaintiffs,

ORDER ON MOTIONS
IN LIMINE

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v.

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JOHN LAXTON, aka
[e-mail]; and
NORTHBAY REAL ESTATE, INC.,
Defendants.

United States District Court
For the Northern District of California

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________________________________/

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The Court issues the following rulings on the parties’

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motions in limine:
PLAINTIFFS’ MOTIONS IN LIMINE

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1.

Motion to exclude evidence of bankruptcies of Defendants John

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Laxton and Northbay Real Estate, Inc.
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GRANTED.

Laxton may serve as the corporate representative

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for Northbay.
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2.

Motion to exclude evidence of or reference to any conduct by

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Defendants after they acquired RL.com.
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GRANTED in part, DENIED in part.

Evidence of the subsequent

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proceedings before the World Intellectual Property Organization
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(WIPO) evidence is admissible for the limited purpose of
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establishing that Plaintiffs waived their rights of ownership over
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RL.com.

This evidence is not relevant to the good-faith purchaser

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defense, which is based on Laxton’s knowledge at the time that he
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purchased RL.com, and any probative value would be further
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diminished by the fact that Laxton had actual notice of

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Plaintiffs’ claims to RL.com prior to the WIPO proceedings.

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3.

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R. Levine.

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Motion to exclude testimony of Defendants’ expert, Dr. John

WITHDRAWN by Plaintiffs.

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4.

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Plaintiffs and former Defendant Li Qiang.

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Motion to exclude evidence of the terms of settlement between

GRANTED.

Defendants may move to admit this evidence, if it

becomes relevant for impeachment or rebuttal purposes.

United States District Court
For the Northern District of California

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5.

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assignment of RL.com from Plaintiff Dale Mayberry to Plaintiff CRS

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Recovery.

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Motion to exclude evidence of the financial terms of the

GRANTED.

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6.

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Circuit opinion in this matter.

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Motion to exclude evidence of or reference to the Ninth

GRANTED.

Defendants do not oppose this motion.

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7.

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purchaser defense until Defendants have introduced evidence that

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the transfer of RL.com was obtained by fraud.

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Motion to exclude evidence of or reference to the good-faith

DENIED.

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8.

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and Richard Lau about the domain name beef.com and Lau’s alleged

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use of aliases.

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Motion to exclude evidence of communications between Laxton

DENIED.

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DEFENDANTS’ MOTIONS IN LIMINE
1.

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Motion to exclude evidence of damages based on lost profits.
DENIED.

2.

Motion to exclude expert testimony of Richard Lau.
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WITHDRAWN by Defendants.

Defendants reserved the right to

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move to exclude Lau’s expert testimony, if he offers testimony

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that is duplicative of Plaintiffs’ other experts at trial.

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3.

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registration of RL.com, and to exclude evidence of or reference to

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this Court’s prior summary judgment order in this case.

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Motion to instruct the jury not to consider the current

GRANTED.

Plaintiffs do not oppose this motion.

The parties

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shall meet and confer regarding an appropriate instruction

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directing the jury to disregard the current registration of RL.com

United States District Court
For the Northern District of California

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for the purpose of determining which party is entitled to

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ownership of it.

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IT IS SO ORDERED.

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Dated: 4/30/2012

CLAUDIA WILKEN
United States District Judge

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