Avco Corporation v. Precision Airmotive LLC

Filing 462

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that: Precision Airmotive LLC, Turn and Bank Holdings, LLC's 430 motion to exclude the testimony of Krista Holt is GRANTED in part and DENIED in part; Avco Cor p. and AVStar Fuel Systems, Inc.'s 432 motion to exclude the testimony of Dana Trexler is DENIED; Precision Airmotive LLC, Turn and Bank Holdings, LLC's 428 motion to exclude evidence or argument on matters already decided by the Court is DENIED; and Avco Corp. and AVStar Fuel Systems, Inc.'s 458 motion to strike is DENIED, but their sur-reply brief is accepted. (See Order for further details.) Signed by Honorable Matthew W. Brann on 6/22/2020. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:12-CV-01313

AVCO CORPORATION,

(Judge Brann)

Plaintiff-Counterclaim
Defendant,
v.
TURN AND BANK HOLDINGS,
LLC, AND PRECISION
AIRMOTIVE, LLC,
Defendants-Counterclaim
Plaintiffs,
v.
AVSTAR FUEL SYSTEMS, INC.
Counterclaim Defendant.
ORDER
JUNE 22, 2020

In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
1.

Precision Airmotive LLC, Turn and Bank Holdings, LLC’s motion to
exclude the testimony of Krista Holt (Doc. 430) is GRANTED in part
and DENIED in part;
A.

The motion is granted inasmuch as that Holt may not offer an
independent expert opinion on marketing; Holt may, however,

rely on her marketing experience to the extent that such
experience undergirds her expert damages opinion. The motion
is conditionally granted with respect to any opinion regarding the
value of the RSA Marks based upon the 2013 Sales Agreement.
B.

The motion is denied in all other respects, including the request
for sanctions.

2.

Avco Corp. and AVStar Fuel Systems, Inc.’s motion to exclude the
testimony of Dana Trexler (Doc. 432) is DENIED;

3.

Precision Airmotive LLC, Turn and Bank Holdings, LLC’s motion to
exclude evidence or argument on matters already decided by the Court
(Doc. 428) is DENIED; and

4.

Avco Corp. and AVStar Fuel Systems, Inc.’s motion to strike (Doc.
458) is DENIED, but their sur-reply brief is accepted.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

2