American Equity Mortgage, Inc. v. First Option Mortgage, LLC
Plaintiff: American Equity Mortgage, Inc.
Defendant: First Option Mortgage, LLC
Case Number: 4:2008cv01834
Filed: November 26, 2008
Court: US District Court for the Eastern District of Missouri
Office: Contract: Recovery/Enforcement Office
County: St. Louis - County
Presiding Judge: Audrey G. Fleissig
Presiding Judge:
Nature of Suit: None
Cause of Action: Diversity
Jury Demanded By: 28:1330 Breach of Contract
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Date Filed Document Text
May 13, 2010 Opinion or Order Filing 164 ORDER IT IS HEREBY ORDERED that Defendants motion to exclude evidence not produced during discovery is DENIED as moot without prejudice to Defendants right to raise such an objection during trial. (Doc. #146) IT IS FURTHER ORDERED that Plaintiffs mot ion to exclude evidence concerning the 2006 divorce case involving Plaintiffs owner is GRANTED in part and DENIED in part. Defendant shall not be permitted to introduce the divorce decree ornewspaper articles about the divorce. Defendant may introduc e limited evidenceconcerning the divorce and its impact on Plaintiffs business to the extent relevant to damages. For example, Defendant may introduce such evidence to the extent it relates to the valuation of the 2006 lawsuit between Plaintiff and D efendant, and in cross examination of Plaintiffs damages expert to show that the divorce impacted sales in Plaintiffs Indianapolis office during the relevant time period. The Court shall reserve ruling on the admissibility of any such evidence to est ablish bias of Deanna Daughhetee (Doc. #147)IT IS FURTHER ORDERED that Defendants motion to exclude evidence of 3damages theories not included in Plaintiffs expert report is DENIED in large part, with the Court reserving ruling on the admissibility o f testimony by Ms. Daughhetee regarding her valuation of the no-hire provision in the settlement agreement between the parties. The parties may provide case law to the Court regarding the admissibility of such valuation testimony prior to the start o f trial. Plaintiff shall give prior notice during trial of any such valuation testimony by Ms. Daughhetee, at which time the Court will address any objections made. (Doc. #148) IT IS FURTHER ORDERED that Defendants motion to exclude evidence related to Counts IV and V of the Second Amended Complaint is GRANTED at this time, with the Court reserving the right to reconsider the admissibility of evidence, for impeachment purposes, that agents of Defendant made misrepresentations to the Court during proceedings related to the stipulated preliminary injunction. Plaintiff shall give notice to the Court prior to the introduction of any such evidence. (Doc. #149) IT IS FURTHER ORDERED that the Court shall reserve ruling on Plaintiffs motion to excl ude evidence regarding Plaintiffs prior marketing practices until the Courthears the Plaintiffs evidence at trial. Defendant shall give notice to the Court prior to the introduction of any such evidence. (Doc. #150) IT IS FURTHER ORDERED that Plainti ffs motion to exclude evidence regarding the claims/lawsuit of a former employee (Stephen Scouten) of Plaintiff againstPlaintiff for compensation is GRANTED, unless Plaintiff opens the door to suchevidence at trial. (Doc. #151) IT IS FURTHER ORDERED that Defendants motion to prohibit Plaintiff from calling defense counsel to testify is GRANTED pursuant to the agreement of the parties. (Doc. #152) IT IS FURTHER ORDERED that Plaintiffs motion to exclude evidence relating to allegations that in 201 0, Plaintiff recruited certain employees of Defendant is GRANTED, with the understanding that Defendant may request leave to introduce such evidence at trial if it believes Plaintiff has opened the door to its admission. (Doc. #153) IT IS FURTHER ORD ERED that Plaintiffs motion to exclude evidence relating to the circumstances under which any of Plaintiffs former employees, who were hired by Defendant in breach of the settlement agreement, left Plaintiff is GRANTED in part and DENIED in part. Suc h evidence shall be permitted only to the extent that it relates to Plaintiffs alleged damages. (Doc. #154) IT IS FURTHER ORDERED that Plaintiffs motion to exclude evidence relating to the circumstances under which Michael Kempter left Plaintiff, inc luding his health issues at the time, is GRANTED in part and DENIED in part. Such evidence shall be permitted only to the extent that it relates to Plaintiffs alleged damages. (Doc. #155) Signed by Magistrate Judge Audrey G. Fleissig on 5/13/10. (CLA)
May 7, 2010 Opinion or Order Filing 141 ORDER IT IS HEREBY ORDERED that the parties shall on or before May 11, 2010, submit to the Court and to opposing counsel: (1) their written request for instructions and forms of verdicts, reserving the right to submit requests for additional or modif ied instructions in light of the opposing partys requests for instructions; (2) a trial brief stating the legal and factual issues and authorities relied on and discussing any anticipated substantive or procedural problems. Response to Court due by 5/11/2010. Signed by Magistrate Judge Audrey G. Fleissig on 5/7/10. (CLA)
March 18, 2010 Opinion or Order Filing 125 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that deft.'s mtn. to dismiss count III of pltff.'s second amended complaint for failure to state a claim is denied. 113 Signed by Magistrate Judge Audrey G. Fleissig on 3/18/10. (CLA)
December 31, 2009 Opinion or Order Filing 101 MEMORANDUM AND ORDER re: 45 ORDERED that Defendant's Motion to Dismiss Counts III and IV of Plaintiff's First Amended Complaint for failure to state a claim upon which relief can be granted, and to strike Plaintiff's request for puniti ve damages in Count II, is GRANTED. [Doc. #45] FURTHER ORDERED that Plaintiff shall have up to and including January 14, 2010, to file a new amended complaint. ( Amended/Supplemental Pleadings due by 1/14/2010.). Signed by Magistrate Judge Audrey G. Fleissig on 12/31/09. (CEL)
November 19, 2009 Opinion or Order Filing 70 ORDER: IT IS HEREBY ORDERED that Plaintiff's motion to compel 68 isGRANTED. To the extent such testimony has not already been provided, Defendant shall produce a corporate representative or representatives with the requisite knowledge to address the topics listed on the notice of deposition in question. Signed by Magistrate Judge Audrey G. Fleissig on 11/19/09. (TRC)
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Plaintiff: American Equity Mortgage, Inc.
Represented By: Charles M. Poplstein
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Defendant: First Option Mortgage, LLC
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