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Arch Insurance Co. v. R. A. Bright Construction

July 2, 2010

ARCH INSURANCE COMPANY
v.
R. A. BRIGHT CONSTRUCTION, INC.



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Rebecca R. Pallmeyer than Assigned Judge

DOCKET ENTRY TEXT

Final Pretrial Conference held on 7/2/10 and continued to 7/19/10 at 1:30 p.m. Arch's motions in limine by Arch Insurance to bar evidence of loss profit and motion in limine to bar or limit testimony Ben Kuhajda are entered and continued for briefing as follows: Motions and supporting memoranda to be filed by 7/9/10; R. A. Brights' response is due by 7/14/10. Parties are to submit a draft Protective Order to address confidentiality concerns. Oral motion by R.A. Bright to add Raymond Will to the witness list is granted without objection. Parties are to submit exhibit binders on or before 7/14/10.

O[ For further details see text below.] Docketing to mail notices.

00:55

STATEMENT

R.A. Bright's motions in limine are granted in part and denied in part as listed below:

(1) Motion to bar all evidence pertaining to claims for lost profits that were withdrawn by R.A. Bright prior to trial is granted without prejudice.

(2) Motion to bar evidence of R.A. Bright's previous and ongoing relationship with TCF Bank, and to bar all argument or insinuation that R.A. Bright has no stake in the outcome of this litigation based upon its relationship with TCF Bank is granted

(3) Ruling is reserved on motion to bar evidence of Ben Kuhajda's suspension from practicing before the IRS, registration status with the State of Illinois, and suspension from the voluntary professional organization, American Institute Certified Public Accountants.

(4) Motion to bar evidence pertaining to R.A. Bright's involvement in the claims handling process undertaken by Arch is denied.

(5) Motion to bar evidence pertaining to claims under the Incurred Loss Sensitive Program Agreements is denied.

(6) Motion to bar evidence pertaining to claims outside the Incurred Loss Sensitive Program Agreements is denied.

(7) Motion to bar evidence pertaining to the Incurred Loss Sensitive Program Agreements is denied.

(8) Motion to bar evidence pertaining all negotiations and oral agreements between the parties which occurred prior to or contemporaneous with ...


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