RDLG, LLC v. RPM Group, LLC et al

Filing 173

ORDER denying with and without prejudice 147 Motion in Limine. Signed by Magistrate Judge Dennis Howell on 1/6/15. (ejb)

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

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

ORDER

Pending before the Court is the Motion in Limine [# 147]. Defendant Fred
Leonard (“Defendant”) moves to exclude any evidence related to any alleged
verbal amendments to the final marketing agreement between the parties. 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 the factual allegations as set
forth in paragraphs 38-39 of the Amended Complaint, the Court DENIES the
motion [# 147]. 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 specific testimony as to verbal
amendments to the marketing agreement that are not contained in the factual
allegations as set forth in the Amended Complaint, the Court DENIES without
prejudice the motion [# 147]. 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.

Signed: January 6, 2015

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