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14-912 - Marine Power Holding, L.L.C. v. Malibu Boats, LLC


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14-912 - Marine Power Holding, L.L.C. v. Malibu Boats, LLC
January 4, 2016
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ORDERED that 44 Motion to Quash and/or Motion for Protective Order is DENIED AS MOOT as counsels have resolved each topic. Signed by Magistrate Judge Karen Wells Roby. (cml)
January 29, 2016
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ORDERED that 82 Motion for Reconsideration is DENIED. Signed by Magistrate Judge Karen Wells Roby. (cml)
January 29, 2016
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ORDERED that 47 Motion to Compel is GRANTED in Part, DENIED in Part, and DENIED as MOOT in Part. IT IS GRANTED as stated within document. The Court orally ordered that Plaintiffs responses to Interrogatory Nos. 1, 2, 4, 5, 10 shall be supplemented no later than December 31, 2015. The Court further orally ordered that Plaintiffs responses to Interrogatory Nos. 12, 13, 14(d), 15, 16, shall be supplement no later than January 7, 2016. The Court further orders that responses to Request for Production No. 20 and 21 must be supplemented with a privilege log no later than Friday, February 4, 2016, at 12:00 noon. IT IS DENIED as to Interrogatory Nos. 3, 13, 96, 97. IT IS DENIED AS MOOT as to Request for Production Nos. 30, 31, 34, 81, 96, 97, 109-111.. Signed by Magistrate Judge Karen Wells Roby. (cml)
February 19, 2016
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ORDER AND REASONS: ORDERED that the trial and pretrial conference dates are CONTINUED WITHOUT DATE, as stated herein. FURTHER ORDERED that the 74 motion to strike the witness list and the 75 motion to exclude testimony by Ronald L. Gagnet are DISMISSED AS MOOT. Signed by Judge Lance M Africk on 2/19/2016.(blg)
February 23, 2016
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ORDER AND REASONS: ORDERED that the 115 motion to quash trial subpoena and 131 motion to exclude Lance Watson and the Avansic report are DISMISSED AS MOOT. FURTHER ORDERED that the 134 in limine motion with respect to the prior lawsuit, 135 the in limine motion with respect to the alleged "bad faith" breach of contract, and 141 plaintiff's omnibus in limine motion, are DISMISSED WITHOUT PREJUDICE to a party's right to timely refile such motions in advance of the rescheduled trial. FURTHER ORDERED that 133 defendant's in limine motions with respect to "David and Goliath" arguments and 136 Jason Vetzel's criminal history will be taken under submission on 3/9/2016. Signed by Judge Lance M Africk on 2/23/2016.(blg)
April 21, 2016
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ORDERED that 113 Motion for Reconsideration is GRANTED IN PART and DENIED IN PART as stated herein. Signed by Magistrate Judge Karen Wells Roby. (cml)
April 21, 2016
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ORDER AND REASONS granting in part, denying in part 133 MOTION in Limine to Exclude "David vs. Goliath" Arguments and Statements that Malibu Boats, LLC is a "Publicly Traded Company". Signed by Judge Lance M Africk on 4/21/2016.(blg)
June 7, 2016
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ORDERED that 174 Motion to Quash or, Alternatively, Motion for Protective Order Regarding Malibus Non Party Subpoenas Directed to Donovan Marine, Inc. and Michael Schroeder is GRANTED in part and DENIED in part as stated herein. Signed by Magistrate Judge Karen Wells Roby. (cml)
July 15, 2016
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ORDER: ORDERED that 120 Motion for Sanctions is DENIED in part and DENIED AS MOOT in part as stated herein. FURTHER ORDERED that Marine Powers request for attorneys fees and costs is DENIED. Signed by Magistrate Judge Karen Wells Roby. (cml)
July 27, 2016
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ORDER AND REASONS granting in part, denying in part 213 MOTION in Limine to Exclude Evidence and Arguments relating to a Prior Lawsuit Between the Parties. Signed by Judge Lance M Africk on 7/26/2016.(blg)
July 27, 2016
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ORDER AND REASONS denying without prejudice, to Marine Power's right to re-assert its objection at trial, 214 MOTION in Limine to To Exclude Inappropriate and Irrelevant Emails; FURTHER ORDERED that no mention shall be made of the emails attached as exhibits to Malibu's opposition to Marine Power's motion before the jury unless the Court permits the same following a bench conference. Both parties are to instruct their witnesses that they are not to mention the existence of the emails unless the Court instructs them that they may do so. Signed by Judge Lance M Africk on 7/27/2016.(blg)
July 27, 2016
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ORDER AND REASONS denying without prejudice, to its right at trial to renew its evidentiary objections, 215 MOTION in Limine to to Exclude Argument and Evidence Regarding Marine Powers Alleged Effort to Frame Jason Vetzel. Signed by Judge Lance M Africk on 7/27/2016.(blg)
July 28, 2016
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ORDER AND REASONS granting in part, denying in part 211 MOTION in Limine to Exclude Non-Evidentiary Speculative Statements, Irrelevant Documents, and Arguments Relating to Marine Power, LLCs Speculative Bad Faith Breach of Contract Claim Against Malibu Boats, LLC; The motion is GRANTED insofar as the April 28, 2014 email from VanderWall to Vetzel is excluded. The motion is DENIED in all other respects. Signed by Judge Lance M Africk on 7/28/2016.(blg)
August 4, 2016
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ORDER AND REASONS that none of the demonstrative exhibits shall be shown to the jury until Marine Power's counsel has had an opportunity to object. Signed by Judge Lance M Africk on 8/4/2016.(blg)
August 8, 2016
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ORDER AND REASONS: ORDERED that Malibu's 248 objections regarding the excerpts from Brad Ditchfield's testimony are GRANTED. FURTHER ORDERED that Malibu's objections regarding the excerpts from Ritchie Anderson and Jack Springer are DEFERRED UNTIL TRIAL. Signed by Judge Lance M Africk on 8/5/2016.(blg)
August 8, 2016
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ORDER AND REASONS: ORDERED that Marine Power's 259 objections to Malibu's use of the deposition excerpts are DENIED. Malibu may use the deposition transcripts at issue "to the extent" the transcripts "would be admissible under the Federal Rules of Evidence if the deponent were present and testifying." Fed. R. Civ. P. 32(a)(1)(B). Signed by Judge Lance M Africk on 8/5/2016.(blg)
August 8, 2016
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ORDER AND REASONS: ORDERED that Marine Power's 235 objections to Malibu's exhibits are DEFERRED UNTIL TRIAL. FURTHER ORDERED that Malibu's 228 objections to Marine Power's exhibits are also DEFERRED UNTIL TRIAL except with the respect to Marine Power exhibits 120, 130, 142, andwithin Marine Power exhibit 121the documents with Bates Numbers 7234 and 7211-7212, which are EXCLUDED. FURTHER ORDERED that Marine Power REDACT certain exhibits as set forth herein. Signed by Judge Lance M Africk on 8/8/2016.(blg)
August 8, 2016
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ORDER AND REASONS: ORDERED that Malibu's 242 objections to Marine Power's Rule 902(11) certification are SUSTAINED WITHOUT PREJUDICE to Marine Power's ability to establish a sufficient foundation at trial. Based on the Court's current understanding of the documents, which Marine Power is free to challenge at trial, the Court does not accept Marine Power's 902(11) certification with respect to proposed trial exhibits 7, 8, 14, 20, 21, 26, 27, 35, 41, 47, 48, 63, 79, 80, 87, 97, 98, 101, 103, 105, 108, 124, 127, 140, 141, 144, 150, 156, 184, 195, 198 and 199. Signed by Judge Lance M Africk on 8/8/2016.(blg)
August 8, 2016
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ORDERED that the Court's 274 order and reasons regarding exhibit objections is hereby AMENDED as set forth in the attached "Amended Order and Reasons". Signed by Judge Lance M Africk on 8/8/2016.(blg)
September 7, 2016
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ORDER AND REASONS - IT IS ORDERED that Marine Power shall be awarded prejudgment interest in the amount of $138,302.58 as set forth herein. The Court will issue a judgment consistent with this order. Signed by Judge Lance M Africk.(bwn)
December 15, 2016
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ORDER AND REASONS re 319 Motion for Judgment as a Matter of Law under Rule 50(b) and 320 Motion for New Trial under Rule 59(a) - IT IS ORDERED that Malibu's motion for judgment as a matter of law is GRANTED IN PART. The judgment will be amended to remove the legally impermissible $1.3 million in bad faith damages. The remainder of Malibu's motion for judgment as a matter of law is DENIED. IT IS FURTHER ORDERED that Malibus motion for a new trial is DENIED. Signed by Judge Lance M Africk. (bwn)
December 15, 2016
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AMENDED FINAL JUDGMENT. Signed by Judge Lance M Africk.(bwn)