Opinion
Case No. 00-4173-JAR, Case No. 01-4017-JAR
December 16, 2002.
OMNIBUS ORDER
This matter comes before the Court pursuant to the following motions:
1. Counterclaim defendant Wheeler's Motion for Summary Judgment (Doc. 263);
2. Wheeler's Motion for Separate Trials (Doc. 316);
3. Plaintiff/counterclaim defendant Kindergartners Count Inc.'s ("KCI") Motion for Review of Magistrate Judge's Pretrial Order (Doc. 325);
4. Defendant/counterclaim plaintiff DeMoulin's Motion for Summary Judgment (Doc. 333);
5. DeMoulin's Motion to Strike Plaintiff's Expert (Doc. 336);
6. Defendant Pioneers Foundation's ("PF's") Motion for Summary Judgment (Doc. 343);
7. Defendant Telephone Pioneers of America's ("TPA") Motion for Summary Judgment (Doc. 347);
8. KCI's Motion to Strike Bert Bondi and Robert Pohly (Doc. 372);
9. TPA's Motion to Strike Pages 1 through 12 of KCI's Memorandum in Support of its Motion for Summary Judgment (Doc. 376);
10. KCI's Motion for Leave to File Surreply to Pioneer Foundation's Motion for Summary Judgment (Doc. 400);
11. KCI's Motion to Clarify or Amend Pretrial Order.
The Court held a hearing on the matters on December 5, 2002. At the hearing, the Court made an oral ruling on each of the motions. The Court's findings of fact and conclusions of law were read into the record. For the reasons stated on the record,
IT IS THEREFORE ORDERED BY THE COURT that:
(1) Wheeler's Motion for Separate Trials (Doc. 316) is DENIED;
(2) TPA's Motion to Strike Pages 1 through 12 (Doc. 376) is DENIED as moot;
(3) KCI's Motion to Clarify or Amend Pretrial Order (Doc. 410) is GRANTED; the parties shall resubmit TPA's proposed order;
(4) KCI's Motion for Review of Pretrial Order (Doc. 325) is DENIED;
(5) KCI's Motion to Strike Bondi and Pohly (Doc. 372) is DENIED; KCI shall have until January 25, 2003, to depose the witnesses;
(6) KCI's Motion for Leave to file Surreply (Doc. 400) is GRANTED; PF shall respond on or before December 20, 2002;
(7) KCI's Motion for Summary Judgment (Doc. 322) is partially GRANTED with respect to Counterclaims IV and V and DENIED as to the remaining counts, subject to the parties filing an agreed statement of threshold legal issues for the Court to determine on or before December 20, 2002;
(8) TPA's Motion for Summary Judgment (Doc. 347) is DENIED, subject to the parties filing an agreed statement of threshold legal issues for the Court to determine on or before December 20, 2002;
(9) DeMoulin's Motion for Summary Judgment (Doc. 333) is partially GRANTED with respect to the affirmative defenses raised to defamation Counterclaims I and III and DENIED as to the remaining counts; the Court shall issue a separate written opinion regarding the parameters of the copyright infringement claim in Count I;
(10) Wheeler's Motion for Summary Judgment (Doc. 263) is DENIED;
IT IS FURTHER ORDERED that the Court will defer ruling on TPA's Motion to Strike Plaintiff's Expert Witness (Doc. 336) and will set a hearing at a later date.
IT IS SO ORDERED.