Capitol Records, Inc. et al v. MP3TUNES, LLC et al

Filing 525

MEMORANDUM AND ORDER granting in part and denying in part 381 Motion in Limine; granting in part and denying in part 386 Motion in Limine; denying 391 Motion in Limine; granting 394 Motion in Limine; granting in part and denying in part 396 Motion in Limine; denying 399 Motion in Limine; denying 401 Motion in Limine; denying 409 Motion in Limine; denying 411 Motion in Limine; denying 413 Motion in Limine; granting in part and denying in part 415 Motion in Limine; granting i n part and denying in part 417 Motion in Limine; granting 419 Motion in Limine; denying 421 Motion in Limine; denying 423 Motion in Limine; granting in part and denying in part 425 Motion in Limine; granting in part and denying in part [427 ] Motion in Limine; denying 429 Motion in Limine. Finally, a caution to the parties and their attorneys. The sheer volume of in limine motions and the arguments advanced in some of them suggest to this Court a fundamental misconception about a jury trial. While the claims and defenses expanded exponentially as the litigation unfolded, trials distill matters to manageable proportions that a jury can understand. Argument proliferation will be interdicted at trial. Both sides would be well advise d to focus on the relevant evidence instead of endless mudslinging, which reached a feverish pitch in the nineteen "in limine" motions. For the foregoing reasons, the motions in limine pending at ECF Nos. 394 and 419 are granted. The motion s in limine pending at ECF Nos. 391, 399, 401, 409, 411, 413, 421, 423, and 429 are denied. The motions in limine pending at ECF Nos. 381, 386, 396, 415, 417, 425, and 427 are granted in part and denied in part. This Court will not rule on the motion pending at ECF No. 403 at this time. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 381, 386, 391, 394, 396, 399, 401, 403, 409, 411, 413, 415, 417, 419, 421, 423, 425, 427, and 429. (Signed by Judge William H. Pauley, III on 1/29/2014) (ft)

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