Southeastern Mechanical Services, Inc. v. Brody et al

Filing 381

ORDER: Plaintiff's Renewed Motion for Contempt 348 is DENIED. The Corporate Defendants' Motion in Limine to Exclude References to Certain Business Communication Training Sessions 352 is GRANTED. The Corporate Defendants' Motion for Miscellaneous Relief, Specifically to Reduce Plaintiff's Confidentiality Designations 354 is GRANTED in part. Defendants' Motion for Trial Date Certain 355 is GRANTED. The Corporate Defendant's Motion to Bifurcate the Trial 376 is DENIED. Defendant TEI's Motion for Clarification 375 is GRANTED. Defendant TEI's request for Summary Judgment is denied as to Count XI. Signed by Judge James S. Moody, Jr on 9/3/2009. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

SOUTHEASTERN MECHANICAL SERVICES, INC., Plaintiff, v. NORMAN BRODY, et al., Defendants. _____________________________________/ Case No. 8:08-cv-1151-T-30EAJ

ORDER
THIS CAUSE comes before the Court upon the Plaintiff's Renewed Motion for Contempt (Dkt. 348) and the Individual1 Defendants' response(Dkt. 367), the Corporate Defendants' Motion in Limine to Exclude References to Certain Business Communication Training Sessions (Dkt. 352) and Plaintiff's response(Dkt. 373), the Corporate Defendants' Motion for Miscellaneous Relief, Specifically to Reduce Plaintiff's Confidentiality Designations (Dkt. 354) and Plaintiff's response (Dkt. 377), Defendants' Motion for Trial Date Certain (Dkt. 355) and Plaintiff's response (Dkt. 358), the Corporate Defendant's Motion to Bifurcate the Trial (Dkt. 376), and Defendant TEI Construction Services' Motion for Clarification (Dkt. 375). The pretrial hearing was held on September 2, 2009, during

Defendants Norman Brody, James Sherouse, and Kevin Smith will be referred to as "the Individual Defendants." Defendants TEI Construction Services, Babcock Power Services, Inc. and Theodore Maliszewski will be referred to as "the Corporate Defendants."

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which these motions were addressed. For the reasons stated during the hearing, it is ORDERED AND ADJUDGED that: 1. 2. Plaintiff's Renewed Motion for Contempt (Dkt. 348) is DENIED. The Corporate Defendants' Motion in Limine to Exclude References to Certain

Business Communication Training Sessions (Dkt. 352) is GRANTED. 3. The Corporate Defendants' Motion for Miscellaneous Relief, Specifically to

Reduce Plaintiff's Confidentiality Designations (Dkt. 354) is GRANTED in part. Defendants may review deposition testimony given by any Defense witnesses and parties and any document used during the preliminary injunction hearing held on June 27, 2008. Plaintiff's counsel has ten (10) days to re-designate other documents as attorneys' eyes only. 4. 5. DENIED. 6. Defendant TEI Construction Services' Motion for Clarification (Dkt. 375) is Defendants' Motion for Trial Date Certain (Dkt. 355) is GRANTED. The Corporate Defendant's Motion to Bifurcate the Trial (Dkt. 376) is

GRANTED. Defendant TEI's request for Summary Judgment is denied as to Count XI. DONE and ORDERED in Tampa, Florida on September 3, 2009.

Copies furnished to: Counsel/Parties of Record
S:\Odd\2008\08-cv-1151.motions 348, 352, 354, 344, 376.frm

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