Exmark Manufacturing Company Inc. v. Briggs & Stratton Power Product Group

Filing 405

ORDER - 1. The parties' stipulation (Filing No. 404 ) is adopted; 2. Defendants Briggs and Schiller's motions relating to the admissibility of the testimony of Mr. Kent Herink, Filing Nos. 343 and 349 , are dismissed and termed on the do cket; 3. Plaintiff Exmark shall not call Mr. Kent Herink as a witness at trial; 4. Defendant Schiller has withdrawn all aspects of the expert reports of Mr. Sean Suiter with the exception of Mr. Suiter's opinion about the reasonable business sta ndards applicable to purchasers in asset purchase agreements involving intellectual property transfers. Exmark does not agree that Mr. Suiter's testimony on this limited issue is admissible at trial. The admissibility of Mr. Suiter's testimony in this regard will be addressed at trial through voir dire. Ordered by Magistrate Judge Thomas D. Thalken. (NMW)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

EXMARK MANUFACTURING
COMPANY INC.,
8:10CV187
Plaintiff,
vs.

ORDER

BRIGGS & STRATTON POWER
PRODUCTS GROUP, LLC and
SCHILLER GROUNDS CARE, INC.,
Defendants.
This matter is before the court on the parties’ Stipulated Dismissal of Daubert
Motions Relating to Kent Herink and Scope of Potential Testimony of Sean Suiter (Filing
No. 404). Pursuant to the stipulation of the parties,

IT IS ORDERED:
1.

The parties’ stipulation (Filing No. 404) is adopted;

2.

Defendants Briggs and Schiller’s motions relating to the admissibility of

the testimony of Mr. Kent Herink, Filing Nos. 343 and 349, are dismissed and termed on
the docket;
3.

Plaintiff Exmark shall not call Mr. Kent Herink as a witness at trial;

4.

Defendant Schiller has withdrawn all aspects of the expert reports of Mr.

Sean Suiter with the exception of Mr. Suiter’s opinion about the reasonable business
standards applicable to purchasers in asset purchase agreements involving intellectual
property transfers. Exmark does not agree that Mr. Suiter’s testimony on this limited
issue is admissible at trial. The admissibility of Mr. Suiter’s testimony in this regard will
be addressed at trial through voir dire.
Dated this 24th day of March, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge