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Encore Medical, L.P. v. Kennedy

United States District Court, Third Circuit

January 15, 2014

ENCORE MEDICAL, L.P., Plaintiff/Counterclaim Defendant,
v.
JAY KENNEDY, D.C., Defendant/Counterclaimant,
v.
GEOFFREY MISCOE; MIR-COM PRODUCTS, LLC; BRYANNE ENTERPRISES, INC.; and MIG RUNNER, LLC, a/k/a

ORDER OF COURT

KIM R. GIBSON, District Judge.

NOW, upon consideration of the pending motions in limine filed in this case, IT IS HEREBY ORDERED as follows:

1. Kennedy's motion in limine to resolve contractual ambiguity before trial (ECF No. 156) is DENIED.[1]
2. Kennedy's motion to preclude the testimony of Attorney David Weaver (ECF No. 158) is GRANTED.
3. Kennedy's motion in limine to bifurcate trial is DENIED.[2]
4. With respect to the omnibus motions in limine (ECF No. 163) filed by the Miscoe Defendants,
i. The request to preclude reference to Kennedy's purported ownership in Mir-Com Products is GRANTED IN PART and DENIED IN PART. Encore shall not refer to Kennedy being an owner of Mir-Com Products, LLC; however, Encore will be permitted to introduce evidence of the financial dealings between Kennedy and Mir-Com Products, LLC, including the fact that Kennedy invested in Mir-Com Products, LLC.[3]
ii. The request to prohibit references to content from websites not owned, created, or controlled by Defendants is DENIED;[4] and
iii. The request to preclude any reference to the Kennedy Decompression Technique is DENIED.[5]
5. Encore's motion in limine to exclude evidence of the Minnesota incident (ECF No. 167) is GRANTED.[6]
6. Encore's motion to exclude emails and evidence of Encore's motive (ECF No. 169) is GRANTED.[7]

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