Opinion
Civil Action No. 3:05-CV-117.
November 12, 2007
ORDER
On this day, the above-styled civil action came before the Court for consideration of all pending motions. After full consideration of the parties' motions and briefs in support thereof, the Court ORDERS as follows:
1. That plaintiffs' motion in limine number 1 [Doc. 108] to preclude defendants from introducing evidence as to matters resolved by the Court's Order Granting in Part and Denying in Part Defendant Penn Lyon and Defendant Fowler Homes Motion for Summary Judgment is GRANTED;
2. That plaintiffs' motion in limine number 2 [Doc. 108] to prohibit expert testimony from any of the witnesses listed on defendant's witness list is GRANTED IN PART AND DENIED IN PART to the extent that, assuming proper qualifications are shown, a proper witness may provide testimony consistent with previously disclosed statements;
3. That plaintiffs' motion for a jury view of the plaintiffs' home and premises [Doc. 111] to which no objections have been filed is GRANTED;
4. That Penn Lyon Homes' motion in limine [Doc. 103] to exclude evidence pertaining to consequential damages, punitive damages, costs, attorneys' fees is GRANTED IN PART, DENIED IN PART, AND DEFERRED IN PART. Specifically, the motion is GRANTED with respect to attorneys' fees and costs, DENIED with respect to properly supported consequential damages, and DEFERRED until trial with regard to punitive damages;
5. That Penn Lyon Homes' motion in limine 2 [Doc. 105] to exclude any testimony, evidence, or requests for compensatory damages for which the plaintiffs did not incur any monetary loss or were undisputedly the plaintiffs' responsibility is DEFERRED until trial;
6. That Fowler Homes' motion in limine number 1 [Doc. 90] to prohibit golden rule argument is GRANTED;
7. That Fowler Homes' motion in limine number 2 [Doc. 91] to exclude certain testimony pursuant to the parol evidence rule is DEFERRED until trial;
8. That Fowler Homes' motion in limine number 3 [Doc. 92] to prohibit per diem argument is GRANTED;
9. That Fowler Homes motion in limine number 4 [Doc. 93] to exclude character evidence is DEFERRED until trial;
10. That Fowler Homes motion in limine number 5 [Doc. 94] to prohibit any specific act evidence is DEFERRED until trial.
It is so ORDERED.
The Clerk is directed to transmit copies of this order to all counsel of record herein.