Virgin Records America, Inc v. Thomas

Filing 94

ORDER denying 68 Plaintiffs' Motion in Limine to Exclude Evidence Disputing Admitted Facts; granting 81 Defendant's Motion in Limine to Preclude the admission of Plaintiffs' Trial Exhibit 4; and reserving decision until oral argument on the following motions: 82 Plaintiffs' Motion in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury, 67 Defendant's Motion in Limine to Prohibit the Parties from Making Certain Allusions or References during Opening Statements and 93 Defendant's Motion in Limine to Preclude Evidence of Her Counsel's Motionto Withdraw(Written Opinion). Signed by Judge Michael J. Davis on October 1, 2007. (SMS)

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Virgin Records America, Inc v. Thomas Doc. 94 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA VIRGIN RECORDS AMERICA, INC., a California corporation; CAPITOL RECORDS, INC., a Delaware corporation; ARISTA RECORDS LLC, a Delaware limited liability company; INTERSCOPE RECORDS, a California general partnership; WARNER BROS. RECORDS, INC., a Delaware corporation; and UMG RECORDINGS, INC., a Deleware corporation, Plaintiffs, vs. Jammie Thomas, Defendant. Andrew B. Mohraz, David A. Tonini, Richard L. Gabriel, Timothy M. Reynolds, Holme Roberts & Owen, LLP, and Felicia J. Boyd, Kara L. Benson, Laura G. Coates, Faegre & Benson LLP, Counsel for Plaintiffs Brian N. Toder, Chestnut & Cambronne, PA, Counsel for Defendant MEMORANDUM OPINION AND ORDER Civil File No. 06-1497 (MJD/RLE) I. INTRODUCTION This matter is before the Court on five motions in limine. Defendant has filed responses and declarations in opposition to Plaintiffs' motions in limine. Plaintiffs, in turn, have filed responses opposing Defendant's Dockets.Justia.com motions. Trial is scheduled to begin on Tuesday, October 2, 2007. The Court issues this Order to rule on two of the parties' motions in limine. The Court will hear oral argument regarding the remaining motions on the morning of trial. Accordingly, based on the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. 2. 3. Plaintiffs' Motion in Limine to Exclude Evidence Disputing Admitted Facts [Docket No. 68] is DENIED. Defendant's Motion in Limine to Preclude the Admission of Plaintiffs' Trial Exhibit 4 [Docket No. 81] is GRANTED. A decision on Plaintiffs' Motion in Limine to Preclude Defendant from Making Unfounded, Prejudicial Statements to the Jury [Docket No. 82], Defendant's Motion in Limine to Prohibit the Parties from Making Certain Allusions or References during Opening Statements [Docket No. 67], and Defendant's Motion in Limine to Preclude Evidence of Her Counsel's Motion to Withdraw [Docket No. 93] is RESERVED until oral argument is heard on these issues. Dated: October 1, 2007 s / Michael J. Davis Judge Michael J. Davis United States District Court 2

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