Albritton v. Cisco Systems, Inc. et al

Filing 258

ORDER granting in part and denying in part 191 Motion in Limine. Signed by Judge Richard A. Schell on 05/08/09. cc:attys 5-8-09 (mll, )

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Albritton v. Cisco Systems, Inc. et al Doc. 258 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC ALBRITTON, Plaintiff, v. CISCO SYSTEMS, INC., RICHARD FRENKEL, MALLUN YEN and JOHN NOH, Defendants. Case No. 6:08-CV-89 ORDER GRANTING IN PART DEFENDANTS' MOTION IN LIMINE Pending before the court is the Defendants' motion in limine (docket entry #191). Having considered the Defendants' motion, the Plaintiff's response (docket entry #202), the Defendants' reply (docket entry #221), and the Plaintiff's sur-reply (docket entry #229), the court finds as follows: 1. Granted, because the Plaintiff's unamended initial disclosures explicitly limit recovery to damages for mental anguish and punitive damages; Withdrawn (see docket entry #248); Granted, insofar as Plaintiff may not present or argue a particular formula or calculation model for mental anguish and punitive damages because the Plaintiff has not disclosed any computation of damages; Denied (see docket entry #256 holding that the Plaintiff may, during the trial of the instant case, use relevant, confidential documents obtained through discovery); Denied; Denied, because the Plaintiff's complaint alleges defamation and defamation by omission and juxtaposition has been recognized in Texas and need not be separately pleaded; -1- 2. 3. 4. 5. 6. 7. 8. Granted; Granted. The Plaintiff's rebuttal expert witness, Dr. Charles Silver, shall only testify as a rebuttal witness. Dr. Silver's testimony shall be limited to those matters discussed in his expert witness report; Denied; Granted; Granted; Granted, insofar as this request is limited to unrelated instances of wrongdoing by other internet bloggers; Granted; and Granted. 9. 10. 11. 12. 13. 14. IT IS SO ORDERED. . SIGNED this the 8th day of May, 2009. _______________________________ RICHARD A. SCHELL UNITED STATES DISTRICT JUDGE -2-

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