Opinion
CIVIL ACTION NO. 03-4746.
January 9, 2007
MEMORANDUM AND ORDER
The sole issue remaining to be tried in this case is whether the defendant breached a provision in the parties' contract which required the defendant to "provide sales assistance, engineering and application advice, reasonable quantities of advertising materials, and campaigns and instruction in sales and service," and, if so, whether plaintiff sustained damages as a result of such breach. Trial of the case is scheduled for January 16, 2007. The parties have seen fit to file a flurry of last-minute motions and suggestions, which will now — be disposed of as follows:
1. Defendant's two motions in limine (numbers 8 and 9) are DENIED. Plaintiff has the right to attempt to prove its case.
2. Plaintiff's motion to compel discovery is DENIED.
3. The parties' request for a pretrial conference is DENIED. Trial will commence on January 16, 2007, unless the case is settled in the interim.