Viper Publishing, LLC v. Bailey

Filing 151

ORDER granting 147 Motion in Limine. Signed by Senior Judge Graham Mullen on 5/6/2021. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:17-CV-00314-GCM
VIPER PUBLISHING, LLC,
Plaintiff,
v.

ORDER

HOWARD BAILEY JR.,
Defendant.

THIS MATTER comes before the Court upon Plaintiff Viper Publishing, LLC and ThirdParty Defendant Leslie Charles King II’s Motion in Limine (ECF Doc. 147), which was filed on
April 26, 2021. Defendant Bailey has failed to respond to the Motion, and the time to do so has
now expired. Accordingly, and having considered the facts and circumstances of the Motion, the
Court concludes that the Motion should be GRANTED.
IT IS THEREFORE ORDERED that the Court shall preclude the admission of, or any
reference to, (1) evidence or argument regarding the disposition of royalty payments before May
1, 2014; (2) allegations that King owed a fiduciary duty to Bailey based upon an attorney-client
relationship; (3) the communication reflected in Exhibit 1 to Viper and King’s memorandum of
law (ECF Doc. 148-1); and (4) evidence of Bailey’s financial condition or the relative wealth of
the parties.
SO ORDERED.
Signed: May 6, 2021