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R.J. REYNOLDS TOBACCO v. PREMIUM TOBACCO STORES

United States District Court, N.D. Illinois


January 8, 2004.

R.J. Reynolds Tobacco et al
v.
Premium Tobacco Stores, Inc. et al

The opinion of the court was delivered by: CHARLES KOCORAS, District Judge

ORDER

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.

20040108

© 1992-2004 VersusLaw Inc.



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