Eureka! Pet Food, Inc. v. Ross-Wells, Inc.

Filing 71

ORDER re: Defendant's 53 Motions in Limine. Motion in Limine No. 1 is partially granted and partially denied. Motion in Limine No. 2 is granted. Motion in Limie No. 3 is stayed until trial. Signed by Judge Marsha J. Pechman. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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EUREKA! PET FOOD INC,
Plaintiff,

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CASE NO. C18-252 MJP
ORDER ON DEFENDANT’S
MOTIONS IN LIMINE

v.
ROSS-WELLS INC,
Defendant.

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The above-entitled Court, having received and reviewed Defendant’s Motions in Limine

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(Dkt. No. 53) and Plaintiff’s response thereto (Dkt. No. 59), all attached exhibits and

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declarations as well as relevant portions of the record, rules as follows:

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Motion in Limine No. 1 to Exclude Evidence of Lost Revenue, Sales, or Profits:

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PARTIALLY GRANTED insofar as it applies to the dismissed claims of deceptive trade

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practices and tortious interference with a business expectancy. PARTIALLY DENIED as to any

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evidence regarding lost revenue, sales, or profits which has already been produced by either side

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related to Plaintiff’s remaining claim of trademark infringement.

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ORDER ON DEFENDANT’S MOTIONS IN LIMINE - 1

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Motion in Limine No. 2 to Exclude Lanny Viegut and Any Other Carnivore Witness

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Not identified on Plaintiff’s Initial Disclosure: GRANTED, as Plaintiff failed to identify

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Lanny Viegut or any other witness from Carnivore Meat Company as potential witnesses in this

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matter.

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Motion in Limine No. 3 to Limit the Scope of Rhonda and Joel Hobgood’s

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Testimony Related to Eureka’s Product Development: The Court will STAY ruling on this

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motion until trial, where it will be addressed as to each witness on a question-by-question basis.

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The clerk is ordered to provide copies of this order to all counsel.
Dated May 7, 2019.

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A

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Marsha J. Pechman
United States Senior District Judge

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ORDER ON DEFENDANT’S MOTIONS IN LIMINE - 2