Empire Today, LLC v. National Floors Direct, Inc. et al

Filing 249

Judge Joseph L. Tauro: ORDER entered ALLOWED IN PART #244 Motion in Limine to Preclude Testimony at Trial. Mr. Rose may testify to the extent that the testimony is relevant to Plaintiff's legitimate motives for filing suit in reply to Defendant's counterclaim against Plaintiff for abuse of process. Defendant's reply #247 is ALLOWED IN PART and DENIED IN PART. It is ALLOWED as to the exclusion of Mr. Rose's testimony at trial. It is DENIED as to the Motion to Dismiss and in all other respects. Defendant's #246 Motion to Exclude Testimony of Mark Hosfield of September 27, 2010 is DENIED. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

Empire Today, LLC v. National Floors Direct, Inc. et al

Doc. 249

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

EMPIRE TODAY, LLC, Plaintiff, v. NATIONAL FLOORS DIRECT, INC., et al., Defendants.

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Civil Action No. 08-11999-JLT

ORDER September 27, 2010 TAURO, J. After reviewing the Parties' submissions, this court hereby orders that: 1. Plaintiff's Motion in Limine to Preclude Plaintiff from Introducing the Testimony of Jason Rose at Trial [#244] is ALLOWED IN PART. Mr. Rose may testify to the extent that the testimony is relevant to Plaintiff's legitimate motives for filing suit, in reply to Defendants' counterclaim against Plaintiff for abuse of process. 2. Defendants' Reply in Support of Its Motion to Exclude the Testimony of Jason Rose and Motion to Dismiss Count VII of Empire's Complaint in Light of the Court's September 23, 2010 Order on Defendant's Motion in Limine of September 27, 2010 is ALLOWED IN PART and DENIED IN PART. It is ALLOWED as to the exclusion of Mr. Rose's testimony at trial. It is DENIED as to the Motion to Dismiss and in all other respects.

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3.

Defendants' Motion to Exclude Testimony of Mark Hosfield of September 27, 2010 is DENIED.

IT IS SO ORDERED. /s/ Joseph L. Tauro United States District Judge

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