The Davis Group, Inc. v. Ace Electric, Inc., et al

Filing 123

ORDER denying 96 Motion in Limine. Signed by Magistrate Judge Thomas B. Smith on 9/30/2015. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
THE DAVIS GROUP, INC.,
Plaintiff,
v.

Case No: 6:14-cv-251-Orl-TBS

ACE ELECTRIC, INC. and THE
HARTFORD CASUALTY INSURANCE
COMPANY,
Defendants.
ORDER
This Order memorializes the Court’s decision to deny Defendants Ace Electric,
Inc., and Hartford Casualty Insurance Company’s Motion in Limine (Doc. 96), announced
on the record during trial.
The .xer files in the possession of Kurt Musser were not intentionally concealed,
altered, or destroyed and therefore, there was no spoliation of evidence.
The post-project schedules and reports prepared by Musser are not compilations
or summaries requiring the production of underlying data to lay a foundation for their
admission into evidence. Instead, they are originals created by Musser when he
modified the monthly scheduling updates he had previously prepared to reflect the
percentages of completion actually found by the U.S. Army Corp of Engineers.
Plaintiff The Davis Group, Inc.’s principal, Jim Davis was not specially retained to
give expert testimony in the case. Therefore, an expert report was not required. Like
the other witnesses, he was permitted to testify based upon his knowledge of the project,

his role in the project, and his role in the formulation of Plaintiff’s claims against
Defendants.
Defendants never served a deposition subpoena on witness Robert Sullivan and
therefore, their motion to exclude his testimony based upon his failure to appear for
deposition was denied.
DONE and ORDERED in Orlando, Florida on September 30, 2015.

Copies furnished to Counsel of Record

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