Insignia Systems Inc v. News Corporation et al

Filing 584

MEMORANDUM OPINION AND ORDER (1) Granting in part and denying in part News America Marketing In-Store's 473 Motion for Summary Judgment. Motion is granted as to Insignia's allegations that NAMI posses ses monopsony power over retailers. Motion is denied in all other respects.(2) Granting Insignia System's 493 Motion for Summary Judgment. (3) Granting Scott Drill's 500 Motion for Summary Judgment. (4) Denyin g as to the declarations of Ball, Wesson, and Rodriguez News America Marketing In-Store's 523 Motion to Exclude the Ball, Wesson, and Rodriguez Declarations and Undisclosed Damages Estimates. Denying without prejudice as to the undisclosed damages estimates News America Marketing In-Store's 523 Motion to Exclude the Ball, Wesson, and Rodriguez Declarations and Undisclosed Damages Estimates.(5) Granting in part and denying in part Insignia System� 39;s 542 Motion to Compel Production of Materials for Use at Trial. Motion is denied as to the request for an order requiring News America Marketing In-Store, Inc. to make a complete showing of its efforts to locate December 9, 2002, Executi ve Committee meeting minutes. Motion is granted in all other respects. Defendant News America Marketing In-Store, Inc. is ordered to produce (a) the back-up data file for expert Dr. Kevin Murphy from the Valassis litigation and (b) the Report of Dr. Robert Topel from the Valassis litigation. (Written Opinion). Signed by Judge John R. Tunheim on September 30, 2009. (DML)