United States District Court, N.D. Illinois
January 8, 2004.
R.J. Reynolds Tobacco et al
Premium Tobacco Stores, Inc. et al
The opinion of the court was delivered by: CHARLES KOCORAS, District Judge
Before the court is R. J. Reynolds' motion for oral argument on four
of the motions in limine it has filed in the instant action. Having
examined the parties' written submissions on each of the four, the court
concludes that oral argument is unnecessary with respect to the motions
to bar use of, or reference to, the deposition testimony of George Hay
[Doc. 399-1] and to bar Cigarettes Cheaper!'s conspiracy and ill intent
evidence [Doc. 404-1]. The motion is denied as to these two motions in
limine, and we will rule in due course on each based on the contents of
the parties' briefs.
The motion for oral argument is granted with respect to the motions to
bar John Roscoe's damages testimony [Doc. 397-1] and to exclude evidence
regarding retailers that are not actual competitors of Cigarettes
Cheaper! or that Cigarettes Cheaper! failed to disclose in discovery
[Doc. 400-1]. In addition, the court will hear oral argument regarding R.
J. Reynolds' motions to bar Robert H. Topel's damages testimony [Doc.
415-1] and to exclude Cigarettes Cheaper! from referring to or presenting
evidence at trial relating to other litigations or administrative
proceedings involving plaintiffs, RJR Nabisco Holding Company, or any of
its subsidiaries [Doc. 416-1] as well as Cigarettes Cheaper!'s motion to
exclude certain testimony of Raymond Sims pursuant to Daubert v.
Merrill Dow Pharmaceuticals, Inc., 509 U.S 579 (1993) [Doc. 423-1].
We will rule on each of these motions in limine after the parties have
made their oral presentations.
Oral arguments will be held after the jury is selected and empaneled
but before the parties give their opening statements.
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