BRAND MARKETING GROUP, LLC v. INTERTEK TESTING SERVICES NA, INC. et al

Filing 233

ORDER denying 222 Motion in Limine; denying 224 Motion in Limine. Signed by Judge Arthur J. Schwab on 2-7-14. (nam)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRAND MARKETING GROUP, LLC doing
business as THERMABLASTER,
12cv1572
ELECTRONICALLY FILED

Plaintiff,
v.
INTERTEK TESTING SERVICES NA, INC.
doing business as INTERTEK TESTING
SERVICES, and CONTINENTAL
APPLIANCES, INC., d/b/a/ PROCOM
Defendants.

Memorandum Order re: Motions in Limine
Currently pending before the Court are two (2) Motions in Limine, both filed by
Defendants (without seeking the necessary leave to file said documents out of time - - Motions in
Limine were due on 7/15/2013)1. The first motion in limine by Defendant (doc. no. 222) (that
the settlement agreement between Intertek NA and Ace Hardware evidencing the set-off) has
been the subject of much discussion and prior rulings by this Court. The Court hereby
incorporates and reiterates the 9/6/2013 Text Order thereon:
TEXT ORDER on Motion to Reconsider 191 . Both parties have asserted that
the Settlement Agreement between Ace Hardware (Ace Hardware) and
Defendant Intertek Testing Services, NA (Intertek) and the assignment of the
Ace Hardware judgment to Defendant Intertek should be made an integral part
of the case (doc. nos. 180 , 181 , 183 , 184 , 186 , 193 , and 194 ) in one way or
another. Upon further reflection; after consideration of Plaintiff's Motion (doc.
no. 191 ), Defendant's Response in Opposition (doc. no. 193 ), and Plaintiff's
Reply thereto (doc. no. 194 ); and with the postponement of the trial (doc. no.
195 ); this Court agrees, and therefore GRANTS Plaintiff's Motion for
Reconsideration. Hereinafter, all issues relating to the Settlement Agreement,
the assignment of the judgment, and the judgment itself (and any issues
relating to the enforceability thereof) are made part of this action, including
permitting the parties to refer to the fact that Defendant Intertek has obtained
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The Court will not continue to consider future motions filed out of time.

an assignment of the Ace Hardware Judgment. The parties may conduct
discovery on the Settlement Agreement, the assignment of the judgment, and
the judgment itself, which shall be completed on or before November 30, 2013.
The parties shall file a status report thereon on or before December 7, 2013.
Despite the Court’s prior above-quoted ruling, Defendant now seeks this Court to
essentially reconsider said rulings. The Court hereby DENIES Defendant’s Motion in
Limine/Motion to Reconsider to exclude terms of settlement agreement by and between Intertek
Testing Services, N.A., Inc. and Ace Hardware.
With respect to Defendant’s (second) Motion in Limine to Preclude the Testimony of
Ahmed Usmani (doc. no. 224), the Court will DENY said Motion. The Court will permit said
testimony only in Plaintiff’s rebuttal case if made relevant in the case-in-chief of Plaintiff and/or
Defendant. Should the Court permit the video testimony to be introduced, the Court will grant
the parties one (1) additional hour each in total trial time.
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge
cc: All ECF Counsel of Record

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