Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Filing 176

ORDER denying Plaintiffs' 124 Motion to Amend/Correct; denying 137 Motion in Limine; denying 138 Motion in Limine; denying 139 Motion in Limine; denying 140 Motion in Limine; denying 145 Motion in Limine; denying as moot 169 Motion for Reconsideration. Signed by District Judge Anna Diggs Taylor. (JCur)

Eight Mile Style, LLC et al v. Apple Computer, Incorporated

Doc. 176

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EIGHT MILE STYLE, LLC, et al., Plaintiffs, v. APPLE COMPUTER, INC., et al., Defendants. / ORDER THIS MATTER having come before the Court on (1) Plaintiffs' Motion to Amend/Correct Complaint on filed August 6, 2009, (2) Plaintiffs' Motions in Limine filed on September 14, 2009, and (3) Plaintiffs' Motion for Reconsideration filed September 21, 2009. The Court heard oral arguments on the motions at a September 21, 2009 hearing. Now therefore, IT IS ORDERED that for reasons stated on the record: 1. 2. 3. 4. (Doc. # 124) Plaintiff's Motion to Amend/Correct Complaint is DENIED. (Doc. # 137) Plaintiffs' Motion in Limine No. 1 to Rule As A Matter of Law That "Controlled Composition Clauses" May Not Grant DPD Licenses is DENIED. (Doc. # 138) Plaintiffs' Motion in Limine No. 2 to Exclude Testimony of Peter Paterno is DENIED. (Doc. # 139) Plaintiffs' Motion in Limine No. 3 to Exclude Testimony of Defendants' Witnesses as to Their Understanding of the Meaning of the 1998 and 2003 Recording Agreements is DENIED. (Doc. # 140) Plaintiffs' Motion in Limine No. 4 to Exclude Testimony of Steven Marks is DENIED. Case Number: 07-cv-13164 Honorable Anna Diggs Taylor Magistrate Judge Donald A. Scheer

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Dockets.Justia.com

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(Doc. # 145) Plaintiffs' Motion in Limine No. 5 to Exclude Unsigned Licenses, Licenses for Configurations Other than Permanent Download, and Licenses Issued to Third Parties is DENIED. (Doc. # 169) Plaintiffs' Motion for Reconsideration is DENIED AS MOOT.

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DATED: October 26, 2009

s/ Anna Diggs Taylor ANNA DIGGS TAYLOR UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective email addresses or First Class U.S. mail disclosed on the Notice of Electronic Filing on October 26, 2009. s/Johnetta M. Curry-Williams Case Manager