Eungard v. Open Solutions, Inc.

Full title: SCOTT EUNGARD, Plaintiff, v. OPEN SOLUTIONS, INC., Defendant

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jan 26, 2009

Case No. 05-60272 (E.D. Mich. Jan. 26, 2009)

Opinion

Case No. 05-60272.

January 26, 2009

ORDER GRANTING PLAINTIFF'S MOTION IN LIMINE

JOHN O'MEARA, District Judge

Before the court is Plaintiff's motion in limine, filed January 13, 2009. Defendant submitted a response on January 20, 2009; Plaintiff filed a reply brief on January 21, 2009.

This is a dispute involving sales commissions. Plaintiff seeks to preclude Defendant from offering evidence at trial that certain orders were not "closed" as of Plaintiff's termination date. Plaintiff contends that the Court of Appeals for the Sixth Circuit has ruled as a matter of law that the orders at issue were "closed orders" as of July 2, 2004. This court agrees that the Sixth Circuit has so ruled. See Eungard v. Open Solutions, Inc., 517 F.3d 891, 894-95 (6^th Cir. 2008).

Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion in limine is GRANTED.