Opinion
CIVIL ACTION NO.: 3:02CV210-SA-JAD.
January 9, 2009
ORDER
Pursuant to the January 8, 2009, bench opinion,
MOTIONS AND POST-TRIAL MEMORANDUM:
Whitaker Harris Whitaker Whitaker
(1) Farese Defendants' Motion for Reconsideration [652] of Order on Motion for Partial Summary Judgment [636] is taken under advisement. (2) Cooper Tire's Motion in Limine to Limit Testimony and Exhibits [447] and Cooper Tire's Motion in Limine to Limit the Testimony of Kaster Defendants' Experts [443] and Cooper Tire's Additional Motion in Limine [643] is granted in part and denied in part as to the following remaining issues: i. Any documents and testimony in which any person without first-hand knowledge claims that: (a) Tab Turner provided the affidavit to Public Citizen or persons other than counsel-granted in accordance with the bench opinion; (b) Affidavit was disseminated by anyone else because they have no first-hand knowledge of the dissemination of the affidavit by anyone but themselves-granted in accordance with the bench opinion; or (c) that the affidavit was made a matter of public record in the case-granted in accordance with the bench opinion. Defendants, however, may offer transcript and witnesses with first-hand knowledge to prove affidavit was admitted. (3) Cooper Tire's Post-Trial Memorandum Regarding Limiting Evidence of the Suit [520]: i. Actions taken to maintain the confidentiality of Barnett's testimony and affidavit in the case-deemed not relevant and confusing to jury in accordance with the bench opinion (4) Farese Defendants' Additional Motion in Limine [640] is granted in part and denied in part as to the following remaining issues: i. Any reference to the tapes which were made by Cathy Barnett and cover letters pertaining to these tapes-granted in accordance with the bench opinion ii. Deposition testimony of Mark Hankins as it relates to his affidavit-granted in accordance with the bench opinion iii. Examining Cathy Barnett on what she did with the money she received from Farese-granted in accordance with the bench opinion (5) Cooper Tire's Additional Motions in Limine [643] is granted as to the following remaining issues: i. Any suggestion or implication that the separation agreement is void or unenforceable because it was procured under the threat of criminal prosecution-granted in accordance with the bench opinion ii. Suggestion that Cooper Tire's business was "unlawful" — granted in accordance with the bench opinion