SnoWizard, Inc. v. Robinson et al

Filing 210

ORDER & REASONS denying dfts' 192 Motion in Limine to Preclude Recovery and Exclude Evidence on Dismissed and Un-pleaded Claims. Signed by Judge Nannette Jolivette Brown on 9/18/2012. (rll, ) Modified on 9/18/2012 to edit doc type (rll, ).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
SNOWIZARD, INC.

CIVIL ACTION

VERSUS

CASE NO. 11-0515

RON ROBINSON, et al.

SECTION: “G”(1)

ORDER AND REASONS

Before the Court is defendants, Raggs Supply, LP, Doty Management, LLC, Julie K. Doty,
and Ron Robinson’s, “Motion in Limine to Preclude Recovery and Exclude Evidence on Dismissed
and Un-pleaded Claims”1 wherein movants seek to have evidence it refers to under general
categories excluded from trial. The general categories that defendants refer to are evidence which
could be used by SnoWizard to prove a claim for (1) federal trademark dilution2; (2) a claim for
“trade-dress” infringement; and (3) “violations of FDA regulations.”3 Considering defendants have
not identified any specific evidence that SnoWizard intends to offer at trial that it considers
objectionable, the Court will deny its motion.
The parties have already submitted a Pre-trial Order to the Court which lists the exhibits the
parties intend to offer into evidence at trial. Nevertheless, defendants do not identify in its motion
any exhibits or testimony for which it seeks exclusion. Even if the Court agreed with defendants
reasoning, the Court cannot fully weigh defendants objections to the evidence it complains of against
any other relevant and necessary purpose such evidence might serve for the opposing parties at trial

1

Rec. Doc. 192.

2

This claim was dismissed (Rec. Doc. 151) and SnoWizard does not dispute that it cannot offer evidence
at trial to prove this claim. Rec. Doc. 206, p. 2.
3

Rec. Doc. 192-1, (pages 2-3, and 5).

without knowing with more specificity exactly which exhibits or whose testimony defendants seek
to have the Court exclude.
Accordingly, defendants Motion in Limine is DENIED.
New Orleans, Louisiana, this 18th day of September, 2012.

________________________________________
NANNETTE JOLIVETTE BROWN
UNITED STATES DISTRICT JUDGE

2