Gatehouse Media Massachusetts I, Inc. v. The New York Times Co.

Filing 35

MOTION in Limine to Exclude the Expert Testimony of Law Professor Douglas Gary Lichtman by The New York Times Co..(Hosp, Richard)

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Gatehouse Media Massachusetts I, Inc. v. The New York Times Co. Doc. 35 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS GATEHOUSE MEDIA MASSACHUSETTS I, INC., DOING BUSINESS AS GATEHOUSE MEDIA NEW ENGLAND, Plaintiff, v. THE NEW YORK TIMES COMPANY, DOING BUSINESS AS BOSTON.COM, Civil Action No. 08-12114-WGY Defendant. THE NEW YORK TIMES COMPANY'S MOTION IN LIMINE TO EXCLUDE THE EXERT TESTIMONY OF LAW PROFESSOR DOUGLAS GARY LICHTMAN Pursuant to Federal Rule of Evidence 702, Defendant The New York Times Company ("New York Times") moves to exclude the trial testimony of Plaintiff's proffered law professor expert, Professor Douglas Gary Lichtman. As explained in the accompanying memorandum of law, the expected testimony of Professor Lichtman, as set forth in his expert report, consists entirely of legal opinions and conclusions, usurps the role of the Court, and is inadmissible under both the Federal Rules of Evidence and the case law of this Court. Wherefore, New York Times requests that Professor Lichtman's expected testimony be excluded in its entirety. LIBA/1964084.1 Dated: January 23, 2009 Respectfully submitted, THE NEW YORK TIMES CO., By its attorneys, /s/ R. David Hosp R. David Hosp (BBO # 634091) Mark S. Puzella (BBO # 644850) GOODWIN PROCTER LLP 53 State Street Boston, Massachusetts 02109 Tel.: (617) 570-1000 Fax: (617) 523-1231 and Parker Bagley (pro hac vice) Ira J. Levy (pro hac vice) GOODWIN PROCTER LLP The New York Times Building 620 Eighth Avenue New York, New York 10018-1405 Tel.: (212) 813-8800 Fax: (212) 355-3333 LOCAL RULE 7.1(A)(2) CERTIFICATE AND CERTIFICATE OF SERVICE The undersigned certifies pursuant to Local Rule 7.1(A)(2) that the moving party has conferred with opposing counsel on the matter set forth herein and reports that Plaintiff's counsel has not consented to the relief sought herein. I, Ira J. Levy, further certify that this document filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as nonregistered participants on January 23, 2009. /s/ Ira J. Levy 2 LIBA/1964084.1

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