Cleveland Construction, Inc. v. Fireman's Fund Insurance Company

Filing 92

AMENDED ORDER amending 91 Order granting in part and denying in part 67 Motion in Limine; granting 68 Motion in Limine; granting 69 Motion in Limine; denying 70 Motion in Limine; granting in part and denying in part 71 Motion in Limine; denying 72 Motion in Limine; granting in part and denying in part 73 Motion in Limine; granting 74 Motion in Limine. Signed by Senior Judge Graham Mullen on 7/26/2011. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:09-CV-200
CLEVELAND CONSTRUCTION, INC.
Plaintiff,
v.
FIREMAN’S FUND INSURANCE
COMPANY,
Defendant.

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AMENDED ORDER

THIS MATTER is before the Court on Defendant’s Motions in Limine [D.I. 67–74],
Plaintiff’s Memoranda in Opposition to Defendant’s Motions in Limine [D.I. 77–84], and
Defendant’s Replies to Plaintiff’s Responses [D.I. 85–89]. For the reasons stated in open court:
1.

Defendant’s Motion in Limine to Exclude Reference to Claims Dismissed via
Summary Judgment [D.I. 67] is GRANTED in part and DENIED in part.

2.

Defendant’s Motion in Limine to Exclude Evidence of Defendant’s Financial
Condition [D.I. 68] is GRANTED.

3.

Defendant’s Motion in Limine to Preclude Plaintiff’s Expert from Offering
Opinions or Evidence with Respect to Specified Issues [D.I. 69] is
GRANTED.

4.

Defendant’s Motion in Limine to Preclude James Ludwig from Acting as
Plaintiff’s Trial Attorney [D.I. 70] is DENIED.

5.

Defendant’s Motion in Limine to Allow Counsel to Conduct Voir Dire [D.I. 71] is
GRANTED in part and DENIED in part.

6.

Defendant’s Motion in Limine Regarding Exclusion of Documents and/or Other
Tangible Materials Not Produced in Discovery [D.I. 72] is DENIED.

7.

Defendant’s Motion in Limine to Preclude Plaintiff from Presenting Evidence of
Breach of Contract Damages in Support of NC Gen Stat. 75-1.1 et. seq.
[D.I. 73] is GRANTED IN PART AND DENIED IN PART.

8.

Defendant’s Motion in Limine to Preclude Plaintiff from Offering Evidence with
Respect to Punitive Damages, Defendant’s Allegedly Willful and Wanton
Conduct or its Allegedly Aggravating Conduct [D.I. 74] is GRANTED.

SO ORDERED.
This 26th day of July, 2011.

Signed: July 26, 2011