Global Policy Partners, LLC et al v. Yessin et al

Filing 154

ORDER following hearing on the parties' in limine motions to exclude evidence from trial. For the reasons stated from the Bench, it is Ordered that defendant's motion in limine to exclude evidence of defendant's alleged access of other e-mail accounts is granted in part and denied in part. It is further Ordered that defendant's motion in limine to exclude evidence of defendant's e-mail communication with Lalit and Rohini Mattu is granted in part and deferred in part. It is further Ordered that defendant's motion in limine to exclude evidence of the reasons for the divorce between defendant and Ms Friess is denied as moot on plaintiffs' representation that they will not refer to this evidence at trial. It i s further Ordered that defendant's motion in limine to exclude evidence relating to Juleanna Glover is granted in part and denied in part. It is further Ordered that plaintiffs' motion in limine to exclude (i) evidence of whether defendant was the sole manager, of Global Policy Partners, LLC, (ii) evidence concerning the operating agreement allegedly executed by defendant, (iii) evidence that defendant loaned money to Global Policy Partners, LLC, and (iv) evidence that Ms. Friess store d her e-mail account password on defendant's computer is denied in part and deferred in part. It is further Ordered that plaintiffs' motion in limine to exclude evidence of whether Global Policy Partners, LLC is a valid plaintiff in this ca se is granted. It is Ordered that defendant is directed to file memorandum concerning whether defendant is the sole manager of Global Policy Partners, LLC, by 5:00 p.m., Wednesday, March 3, 2010. It is further Ordered that plaintiffs are directed to file any response to defendant's memorandum concerning whether defendant is the sole manager of Global Policy Partner, LLC, by 5:00 p.m., Friday, March 19, 2010. It is further Ordered that a jury trial in this matter is scheduled for 10:00 a.m., Tuesday, March 30, 2010. (See order for instructions) Signed by District Judge T. S. Ellis, III on 2/18/2010. (nmcc)

IN THE UNITED STATES DISTRICT COURT FOR T
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

CLERK, U.S. DISTRICT

ALEXANDRIA "iŁ

GLOBAL POLICY PARTNERS, et al.t Plaintiffs,
v.

) )

)

No. l:09cv859

BRENT YESSIN,
Defendant. ORDER

The matter came before the Court on the parties' in limine motions to exclude evidence from trial (Docket Nos. 125 & 137).
For reasons stated from the bench, and for good cause,

It is hereby ORDERED that defendant's motion in limine to exclude evidence of
defendant's alleged access of other e-mail accounts is GRANTED IN PART and DENIED IN

PART. Specifically, evidence concerning defendant's access to e-mail accounts belonging to plaintiff Katherine Friess Yessin ("Ms. Friess"), other than her "[e-mail]" e-mail account, prior to the date of their separation, is
EXCLUDED pursuant to Rules 401 and 403, Fed. R. Evid. Moreover, evidence concerning

defendant's access to those accounts subsequent to their separation is ADMISSIBLE for the

limited purpose of proving defendant's state of mind in order to establish entitlement to punitive
damages.
It is further ORDERED that defendant's motion in limine to exclude evidence of

defendant's e-mail communication with Lalit and Rohini Mattu is GRANTED IN PART AND DEFERRED IN PART. Accordingly, decision on this motion is DEFERRED with respect to

whether plaintiffs may raise this evidence for an impeachment purpose. Before using this
evidence for an impeachment purpose or otherwise raising the issue at trial, plaintiffs are

DIRECTED to approach the bench. Evidence of this communication is EXCLUDED in all
other respects pursuant to Rules 401 and 403, Fed. R. Evid.
It is further ORDERED that defendant's motion in limine to exclude evidence of the

reasons for the divorce between defendant and Ms. Friess is DENIED AS MOOT on plaintiffs'
representation that they will not refer to this evidence at trial.
It is further ORDERED that defendant's motion in limine to exclude evidence relating to

Juleanna Glover is GRANTED IN PART AND DENIED IN PART. Accordingly, plaintiffs
may not refer to Ms. Glover or to plaintiffs' lawsuit against Ms. Glover in any way, except that plaintiffs may ask defendant on cross-examination whether he knew during the relevant times

that unauthorized access to e-mail communications was a violation of the Stored
Communications Act. It is further ORDERED that plaintiffs' motion in limine to exclude (i) evidence of

whether defendant was the sole manager, of Global Policy Partners, LLC, (ii) evidence concerning the operating agreement allegedly executed by defendant, (iii) evidence that defendant loaned money to Global Policy Partners, LLC, and (iv) evidence that Ms. Friess stored

her e-mail account password on defendant's computer is DENIED IN PART AND
DEFERRED IN PART. Accordingly, this evidence is ADMISSIBLE for the limited purpose of proving defendant's state of mind in order to establish entitlement to punitive damages. Whether this evidence is admissible to prove that defendant was authorized to access the stored communications in issue is DEFERRED pending resolution of the threshold question whether

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defendant was the sole manager of Global Policy Partners, LLC.

It is further ORDERED that plaintiffs' motion in limine to exclude evidence of whether

Global Policy Partners, LLC is a valid plaintiff in this case is GRANTED. Accordingly,

evidence probative only of that issue, and not relevant to any other material issue for trial, is
EXCLUDED pursuant to Rules 401 and 403, Fed. R. Evid.

It is further ORDERED that defendant is DIRECTED to file a memorandum concerning whether defendant is the sole manager of Global Policy Partners, LLC, by 5:00 p.m., Wednesday,
March 3,2010.

It is further ORDERED that plaintiffs are DIRECTED to file any response to

defendant's memorandum concerning whether defendant is the sole manager of Global Policy
Partners, LLC, by 5:00 p.m., Friday, March 19,2010.

It is further ORDERED that a jury trial in this matter is SCHEDULED for 10:00 a.m.,
Tuesday, March 30,2010.

The Clerk is directed to send a copy of this Order to all counsel of record.

Alexandria, Virginia

February 18,2010

T.S.EUia,III

L

/

United States District Judge

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