Plew v. Limited Brands,INC., et al
| Katerina Plew |
| Limited Brands,INC.,, Intimate Brands, INC.,, Limited Brands Store Operations, INC.,, Victoria's Secret Stores Brand Management, INC.,, Victoria's Secret Direct Brand Management, L.L.C., and Victoria's Secret Stores, L.L.C. |
| 1:2008cv03741 |
| April 21, 2008 |
| US District Court for the Southern District of New York |
| Patent Office |
| New York |
| Michael H. Dolinger |
| Laura Taylor Swain |
| Both |
| Federal Question |
| 35:271 Patent Infringement |
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Filing
185
MEMORANDUM OPINION & ORDER re: 118 MOTION in Limine to Prevent Plaintiff from Calling Ms. Lori Greeley to Testify at Trial filed by Victoria's Secret Direct Brand Management, L.L.C., Intimate Brands, INC., Victoria's Secret Store s Brand Management, INC., Limited Brands Store Operations, INC., Limited Brands,INC., Victoria's Secret Stores, L.L.C., 122 MOTION in Limine to Prevent Plaintiff from Advancing Arguments at Trial Inconsistent with this Courts Claim Construc tion Order filed by Victoria's Secret Direct Brand Management, L.L.C., Intimate Brands, INC., Victoria's Secret Stores Brand Management, INC., Limited Brands Store Operations, INC., Limited Brands,INC., Victoria's Secret Stores, L. L.C., 108 MOTION in Limine filed by Katerina Plew, 164 MOTION in Limine to Prevent the Admission of Evidence Concerning Indemnification or Subsequent Remedial Measures to Show Wrongful Conduct filed by Victoria's Secret Direct Brand M anagement, L.L.C., Intimate Brands, INC., Victoria's Secret Stores Brand Management, INC., Limited Brands Store Operations, INC., Limited Brands,INC., Victoria's Secret Stores, L.L.C., 130 MOTION in Limine To Preclude (1) Plaintiffs Ex perts From Offering Any Testimony Outside The Scope Of Their Expert Reports, And (2) Plaintiff From Offering Any Testimony Inconsistent With The Expert Reports. MOTION in Limine To Preclude (1) Plaintiffs Experts From Offering Any Testimony O utside The Scope Of Their Expert Reports, And (2) Plaintiff From Offering Any Testimony Inconsistent With The Expert Reports filed by Victoria's Secret Direct Brand Management, L.L.C., Intimate Brands, INC., Victoria's Secret Stores Bra nd Management, INC., Limited Brands Store Operations, INC., Limited Brands,INC., Victoria's Secret Stores, L.L.C., 114 MOTION in Limine to Prevent the Use of Pejorative Terms or Phrases at Trial filed by Victoria's Secret Direct Br and Management, L.L.C., Intimate Brands, INC.,, Victoria's Secret Stores Brand Management, INC., Limited Brands Store Operations, INC., Limited Brands,INC., Victoria's Secret Stores, L.L.C., 103 MOTION to Bifurcate Liability from Damag es and Willfulness filed by Victoria's Secret Direct Brand Management, L.L.C., Intimate Brands, INC., Victoria's Secret Stores Brand Management, INC., Limited Brands Store Operations, INC., Limited Brands,INC., Victoria's Secret St ores, L.L.C., 126 SUPPLEMENTAL MOTION in Limine to Strike Expert Report and Exclude Trial Testimony of Plaintiffs Damages Expert Tomima Edmark filed by Victoria's Secret Direct Brand Management, L.L.C., Intimate Brands, INC., Victoria&# 039;s Secret Stores Brand Management, INC., Limited Brands Store Operations, INC., Limited Brands,INC., Victoria's Secret Stores, L.L.C. For the reasons state above, Plaintiffs motion in limine is denied in full. Defendants' motion to pre vent the use of pejorative terms is granted. Defendants' motion to prevent Plaintiff from calling Ms. Greeley is granted. Defendants' motion to prevent Plaintiff from advancing arguments at trial inconsistent with the Court's claim c onstruction order is denied. Defendants' motion to strike the expert report and exclude the expert testimony of Ms. Edmark is denied. Defendants' motion to preclude Plaintiff and her experts from offering testimony inconsistent with or out side the expert reports is granted in part, and denied in part. Defendants' motion to prevent the admission of evidence concerning indemnification and subsequent remedial measures is granted. Defendants' motion to bifurcate the trial on lia bility from willfulness and damages issues is denied. This memorandum opinion resolves docket entries no. 103, 108, 114, 118, 122, 126, 130, and 164. The final pre-trial conference in this case is scheduled for February 23, 2012, at 10:30 a.m. ( Final Pretrial Conference set for 2/23/2012 at 10:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/6/2012) (mro) Modified on 2/6/2012 (mro).
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Filing
87
MEMORANDUM OPINION AND OPINION; For the foregoing reasons, Defendants' motions for summary judgment are denied. This memorandum opinion resolves docket entries no. 53 and 57. The stay issued on September 18, 2009 (docket entry no. 80), is lifted and the case is restored to the active calendar. The parties are directed to meet with Magistrate Judge Dolinger promptly for settlement purposes and to address any outstanding pretrial issues. (Signed by Judge Laura Taylor Swain on 8/4/2010) (ae)
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Filing
42
ORDER: All fact discovery is to be completed by June 30, 2009. All expert discovery is to be completed by July 31, 2009. The parties are to submit a joint pre-trial order by August 31, 2009, unless a potentially dispositive motion has been served by that date. (Signed by Magistrate Judge Michael H. Dolinger on 6/5/2009) Copies Mailed By Chambers.(jpo)
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