RMD, LLC v. Nitto Americas, Inc. et al

Filing 364

ORDER MEMORIALIZING JULY 9, 2012 RULINGS. Signed by District Judge Julie A. Robinson on 7/10/2012. (pp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

RMD, LLC,
Plaintiff,
v.
NITTO AMERICAS, INC., et al.,
Defendants.

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No. 09-2056-JAR-DJW

ORDER MEMORIALIZING JULY 9, 2012 RULINGS
This matter comes before the Court on Defendants’ Motion to Reconsider the Court’s
Order Striking and Limiting Defendants’ Motion for Summary Judgment (Doc. 340). The Court
held a telephone hearing and scheduling conference on July 9, 2012. Plaintiff appeared by and
through counsel Christopher C. Javillonar and John T. Polhemus of Bryan Cave LLP;
Defendants appeared by and through Mark A. Ferguson and Eldon Shields of Gates, Shields &
Ferguson, P.A. After hearing arguments and statements of counsel, the Court made oral
findings. For the reasons stated on the record and as supplemented herein,
IT IS THEREFORE ORDERED BY THE COURT that Defendants’ Motion for
Reconsideration (Doc. 340) is DENIED;
IT IS FURTHER ORDERED that, given the Court’s order denying Defendants’ request
for leave to file summary judgment on all of Plaintiff’s claims, on or before July 13, 2012,
Defendants shall amend their Motion for Summary Judgment (Doc. 345) to comply with the
Court’s directive to limit the motion to the issue of punitive damages, including marshaling the
365 statements of uncontroverted facts to support their analysis of the issue as framed in their
Memorandum in Support: whether a reasonable jury could find from the record that Plaintiff

proved by clear and convincing evidence that Defendants acted willfully or wantonly1; Plaintiff’s
response deadline shall run from the date of the amended motion.
IT IS FURTHER ORDERED that the trial date currently set for August 20, 2012, is
continued until December 10, 2012, in Kansas City, Kansas, with an estimated trial time ten
(10) days; a Daubert hearing will be held in Topeka, Kansas on August 20, 2012, at 10:00 a.m.
IT IS SO ORDERED.

Dated: July 10, 2012
S/ Julie A. Robinson
JULIE A. ROBINSON
UNITED STATES DISTRICT JUDGE

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Doc. 345 at 99.

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