Lulu Enterprises, Inc. v. N-F Newsite, LLC et al

Filing 111

MOTION in Limine to Exclude Plaintiff's Surveys and Expert Testimony Under Daubert by N-F Newsite, LLC. (Attachments: #1 Text of Proposed Order) (Silver, Hayden)

Lulu Enterprises, Inc. v. N-F Newsite, LLC et al

Doc. 111 Att. 1

Case 5:07-cv-00347-D

Document 111-2

Filed 10/15/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:07-cv-00347-D

LULU ENTERPRISES, INC., Plaintiff, vs. HULU, LLC, et al., Defendants. ORDER

This matter is before the Court on the motion of Defendant Hulu, LLC for an order excluding the surveys and reports of Plaintiff's expert witnesses (1) Hal Poret and Robert Reitter (of Guideline Research) and (2) Ken Van Liere (of NERA Economic Consulting) (collectively, "Plaintiff's Expert Reports"), from the Court's consideration for failing to satisfy the requirements for expert testimony set forth by the U.S. Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 579-80 (1993).
NOW THEREFORE, upon consideration of the record and the parties' positions and pursuant to the provisions of Rule 7 of the Federal Rules of Civil Procedure, Local Civil Rule

7.1, EDNC, and Rule 702 of the Federal Rules of Evidence, it is ordered that Plaintiff's Expert
Reports shall be excluded from the Court's consideration related to Plaintiff's Motion for

Preliminary Injunction.

US2000 10378960.1

Dockets.Justia.com

Case 5:07-cv-00347-D

Document 111-2

Filed 10/15/2007

Page 2 of 2

It is so ordered this the _______ day of ___________________, 2007.

JAMES C. DEVER, III UNITED STATES DISTRICT JUDGE

US2000 10378960.1