RDLG, LLC v. RPM Group, LLC et al

Filing 172

ORDER denying with and without prejudice 151 Motion in Limine. Signed by Magistrate Judge Dennis Howell on 1/5/15. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:10cv204
RDLG, LLC,

)
)
Plaintiff,
)
)
v.
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)
RPM GROUP, LLC, et al.,
)
)
Defendants.
)
___________________________________ )

ORDER

Pending before the Court is the Motion in Limine [# 151]. Defendant Fred
Leonard (“Defendant”) moves to exclude any evidence related to any disciplinary
proceedings by the North Carolina Real Estate Commission or any related
allegation. On December 5, 2014, the Court held the Final Pretrial Conference in
this matter and heard oral argument as to the pending Motions in Limine.
To the extent that Defendant seeks to exclude any factual allegations as set
forth in the Amended Complaint, the Court DENIES the motion [# 151]. By
virtue of the Court’s prior Orders, Defendant has admitted to the factual allegations
as set forth in the Amended Complaint; the Jury will receive a copy of and/or be
read those allegations in open court. Defendant may not contest these factual
allegations at trial.

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To the extent that Defendant seeks to exclude any additional testimony or
evidence in this matter regarding any such disciplinary proceedings, the Court
DENIES without prejudice the motion [# 151]. The Court INSTRUCTS
Plaintiff that prior to offering such testimony to inform the Court, and the Court
will allow Defendant an opportunity to renew its motion. The Court will then
consider the motion in light of the evidence at trial. The Court, however, cautions
counsel for Defendant that by eliciting testimony from its witnesses as to this topic,
the Court may find that Defendant has opened the door to Plaintiff to present
additional evidence and testimony as to any disciplinary proceedings and/or the
fact that the marketing agreement was declared illegal.

Signed: January 5, 2015

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