Fabick, Inc. v. FABCO Equipment, Inc. et al

Filing 349

ORDER granting 238 Motion in Limine by Defendants FABCO Equipment, Inc. Plaintiff Fabick, Inc.'s objection to defendant JFTCO, Inc.'s Exhibit No. 993 is SUSTAINED, although defendant may use the letter for impeachment. Defendant's ob jections to plaintiff's Exhibit Nos. 157-159 are OVERRULED. Plaintiff may present evidence of FABCO's historic sales in Wisconsin and the UP but only to illustrate the appropriate market segment, not to argue that JFTCO / John Fabick Tractor Company's sales were de minimis or not substantial by comparison. Signed by District Judge William M. Conley on 12/11/2017. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
FABICK, INC.,
Plaintiff,

ORDER

v.

16-cv-172-wmc

JFTCO, INC.,
Defendant.

The court held a conference today before voir dire to hear further argument and
rule on a number of pending issues. The purpose of this order is simply to formalize those
rulings.
IT IS ORDERED that:
1) Plaintiff Fabick, Inc.’s objection to defendant JFTCO, Inc.’s Exhibit No. 993 is
SUSTAINED, although defendant may use the letter for impeachment.
2) Defendant’s objections to plaintiff’s Exhibit Nos. 157-159 are OVERRULED.
3) Defendant’s motion in limine no. 11 (dkt. #238) is GRANTED.
4) Plaintiff may present evidence of FABCO’s historic sales in Wisconsin and the
UP but only to illustrate the appropriate market segment, not to argue that
JFTCO / John Fabick Tractor Company’s sales were de minimis or not substantial
by comparison.
Entered this 11th day of December, 2017.
BY THE COURT:

/s/
__________________________________
WILLIAM M. CONLEY
District Judge