Plasti Dip International, Inc. v. Rust-Oleum Brands Company

Filing 233

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 166 Motion to Exclude Expert Testimony filed by Rust-Oleum Brands Company, Rust-Oleum Corporation (Written Opinion). Signed by Chief Judge John R. Tunheim on March 6, 2017. (HAZ)

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UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ______________________________________________________________________________ PLASTI DIP INTERNATIONAL, INC. Civil No. 14-cv-1831 (JRT/SER) Plaintiff, ORDER ADOPTING REPORT AND RECOMMENDATION v. RUST-OLEUM BRANDS COMPANY and RUST-OLEUM CORPORATION, Defendants. Kristine M. Boylan, Patrick S. Williams, John Degnan, Michael Sawers, Scott Flaherty, and Ruvin S. Jayasuriya, Esqs., BRIGGS & MORGAN, PA, 80 South Eighth Street, Suite 2200, Minneapolis, MN 55402, for Plaintiff. Christopher A. Pinahs, Mark Schuman, and Peter Kohlhepp, CARLSON CASPERS, 225 South Sixth Street, Suite 4200, Minneapolis, MN 55402 for Defendants. Raymond Rundelli, Jennifer Wick, Nathan Sellers, Ronald McMillan, and John Timothy Wiedemann, Esqs., CALFEE HALTER & GRISOLD LLP, 1405 East Sixth Street, Cleveland, OH 44114-1607, for Defendants. The above-entitled matter comes before the Court upon the Report and Recommendation of United States Magistrate Judge Steven E. Rau, dated February 13, 2017 [Docket No. 212]. No objections have been filed to that Report and Recommendation in the time period permitted. Based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED that Defendants Rust-Oleum Brands Company and Rust-Oleum Corporation’s Motion to Exclude Opinions and Testimony of Larry G. Chiagouris, Ph.D. [Doc. No. 166] is GRANTED in part and DENIED in part consistent with the Report and Recommendation. Dated: March 6, 2017 at Minneapolis, Minnesota s/John R. Tunheim JOHN R. TUNHEIM Chief Judge United States District Judge 2

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