Opinion
2:18cv1546
11-11-2024
TAKTL, LLC a limited liability company, Plaintiff/Counterclaim Defendant, v. IWR, NORTH AMERICA, LLC a limited liability company formerly known as IWR BUILDING SYSTEMS, LLC and ALLIANCE GLAZING TECHNOLOGIES, INC. Defendants/Counterclaim Plaintiffs.
MEMORANDUM ORDER
DAVID STEWART CERCONE, SENIOR UNITED STATES DISTRICT JUDGE
AND NOW, this 11th day of November, 2024, upon due consideration of the parties' motions in limine seeking to preclude certain categories of damages and the submissions in conjunction therewith, IT IS ORDERED that [244], [243] the motions be, and the same hereby are, denied.
As both parties explicitly acknowledge, their motions ask the court "to weigh the sufficiency of the evidence . . . and, in effect, to resolve [their] factual disputes on the eve of trial." Bowers v. Nat'l Collegiate Athletic Ass'n, 563 F.Supp.2d 508, 531 (D.N.J. 2008). And as they implicitly acknowledge, where factual disputes remain a determination as to whether the particular forms of damages are to be excluded as "consequential or special damages" is to be made pursuant to a sufficiently developed record.
The motions in limine and supporting briefs fall far short of presenting a sufficiently developed record for the purpose of resolving the underlying disputes. Consequently, determinations on the availability of the identified "certain types of damages" will be appropriate only after the record has been fully developed and the finder of fact is in a position to resolve the parties' factual disagreements.