Weather Underground, Incorporated v. Navigation Catalyst Systems, Incorporated et al

Filing 270

ORDER taking under advisement 236 Motion in Limine; denying 240 Motion in Limine; granting 241 Motion in Limine; denying without prejudice 242 Motion in Limine; taking under advisement 248 Motion in Limine; taking under advisement 250 Motion in Limine; denying 260 Motion for Protective Order. Signed by District Judge Marianne O. Battani. (BThe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
WEATHER UNDERGROUND, INC., a Michigan
corporation,

Plaintiff,

CASE NO. 09-10756
HON. MARIANNE O. BATTANI

v.
NAVIGATION CATAYLST SYSTEMS, INC., a
Delaware corporation; BASIC FUSION, INC., a
Delaware corporation; CONNEXUS CORP., a
Delaware corporation; and FIRSTLOOK, INC., a
Delaware corporation,
Defendants.
/

ORDER RESOLVING MOTIONS IN LIMINE
For the reasons stated on the record at a hearing held February 28, 2012, the Court
DENIES Defendants’ Motion for Protective Order (Doc. No. 260), and Defendant’s Motion
in Limine No. 1 (Doc. No. 240), GRANTS Defendant’s Motion in Limine No. 2 (Doc. No.
241), DENIES without prejudice Defendants Motion in Limine No. 3 (Doc. No. 242). The
Court takes Defendants’ Motion in Limine No. 5 (Doc. No. 248) under advisement until
trial.
The Court also heard argument on Plaintiff’s Motion in Limine to Exclude
Discussion of Plaintiff’s Actual Damages and of Defendants’ Monetary Gain (Doc. No.
236) and Defendants’ Motion in Limine No. 6 (Doc. No. 250), and will rule on the motions
when counsel for the parties appear on March 26, 2012, at 9:00 a.m. for oral argument
on the remaining motions in limine. Specifically, the Court will hear argument on Plaintiff’s

Motion in Limine to Exclude Testimony of and the Expert Reports of Defendants’ Expert
Richard E. Korf (Doc. No 245) and Plaintiff’s Motion in Limine to Exclude Testimony of and
portions of the Expert Report of Defendants’ expert John Berryhill (Doc. No. 239). The
parties agreed that their motions regarding spoliation (Doc. Nos. 238 and 243) are
premature.
IT IS SO ORDERED.

s/Marianne O. Battani
MARIANNE O. BATTANI
UNITED STATES DISTRICT JUDGE
Date: March 1, 2012

CERTIFICATE OF SERVICE
Copies of this Order were mailed and/or electronically filed to counsel of record on this
date.

s/Bernadette M. Thebolt
Case Manager

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