Primo Broodstock, Inc. v. American Mariculture, Inc. et al

Filing 490

ORDER denying Plaintiff TB Food USA, LLC's 440 Motion For Judicial Notice, And For The Court To Instruct The Jury That It Must Accept The Court's Findings of Fact And Of Law Set Forth In the Court's Opinion and Order on Defendant's Motion For Summary Judgment. Signed by Judge John E. Steele on 1/3/2022. (TLP)

Case 2:17-cv-00009-JES-NPM Document 490 Filed 01/03/22 Page 1 of 2 PageID 13215

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TB FOOD USA, LLC, a
Delaware Limited Liability
Company,
Plaintiff,
v.

CASE NO. 2:17-cv-9-FtM-29NPM

AMERICAN MARICULTURE, INC.,
a Florida Corporation,
AMERICAN PENAEID, INC., a
Florida Corporation, and
ROBIN PEARL,
Defendants.
AMERICAN MARICULTURE, INC.,
a Florida Corporation,
Third-Party Plaintiff,
v.
PB LEGACY, INC. a Texas
Corporation,
Third-Party Defendant.
ORDER
On November 4, 2021, plaintiff TB Food USA, LLC filed a Motion
For Judicial Notice, And For The Court To Instruct The Jury That
It Must Accept The Court’s Findings of Fact And Of Law Set Forth
In The Court’s Opinion And Order On Defendant’s Motion For Summary
Judgment (Doc. #440), during the trial in this matter. The Court

Case 2:17-cv-00009-JES-NPM Document 490 Filed 01/03/22 Page 2 of 2 PageID 13216

declined to take judicial notice or so instruct the jury. (Doc.
#470, pp. 174-76). This motion is therefore denied.
Accordingly, it is hereby
ORDERED:
Plaintiff TB Food USA, LLC’s Motion For Judicial Notice, And
For The Court To Instruct The Jury That It Must Accept The Court’s
Findings of Fact And Of Law Set Forth In The Court’s Opinion And
Order On Defendant’s Motion For Summary Judgment (Doc. #440) is
DENIED.
DONE and ORDERED at Fort Myers, Florida, this
January, 2022.

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