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BBC Group NV LLC v. Island Life Restaurant Group LLC

United States District Court, W.D. Washington, Seattle

January 7, 2020

BBC GROUP NV LLC, a Nevada Limited Liability Company, Plaintiff, Counterclaim Defendant,
v.
ISLAND LIFE RESTAURANT GROUP LLC, et al., Defendants, Counterclaim Plaintiffs.

          ORDER RE: MOTIONS IN LIMINE

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         This matter comes before the Court on Counter-Plaintiff Island Life Restaurant Group, LLC and co-owners Alex Prindle and Brian O'Connor (collectively, “Island Life”)'s Motions in Limine. Dkt. #86. The Court has reviewed the motion and Counter-Defendant BBC Group NV LLC (“BBC”)'s Response, Dkt. #93, Island Life's Reply, Dkt. #94, and all documents submitted in support thereof. These Motions are GRANTED, DENIED, AND DEFERRED as set forth below.

         II. LEGAL STANDARD

         Parties may file motions in limine before or during trial “to exclude anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United States, 469 U.S. 38, 40 n.2, 105 S.Ct. 460, 83 L.Ed.2d 443 (1984). To resolve such motions, the Court is guided by Fed.R.Evid. 401 and 403. Specifically, the Court considers whether evidence “has any tendency to make a fact more or less probable than it would be without the evidence, ” and whether “the fact is of consequence in determining the action.” Fed.R.Evid. 401. The Court may exclude relevant evidence if “its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.” Fed.R.Evid. 403.

         III. CERTIFICATION AND SANCTIONS

         As an initial matter, BBC argues that the Court should not consider Island Life's motions in limine and requests sanctions for Island Life's failure to confer with BBC prior to filing. Dkt. #93 at 2 (citing LCR 7(d)(4)). However, Island Life has provided declarations demonstrating its efforts to confer with lead counsel and local counsel for BBC prior to filing its motion. See Dkts. #95-1; #95-2. The Court finds that Island Life attempted to confer in good faith and will therefore consider Island Life's motion without issuing sanctions.

         IV. DISCUSSION

         A. Uncontested General Motions in Limine

         Island Life has proposed a number of general Motions in Limine which BBC does not oppose. Dkt. #86 at 4-5, Dkt. #93 at 10-11. Accordingly, the following unopposed Motions in Limine are GRANTED, wherein parties agree to:

1. Exclude evidence that any party was or was not insured;
2. Exclude non-testifying witnesses, other than the parties, from the courtroom during the testimony of other witnesses;
3. Provide the Court and each other notice before end-of-day of an expected testifying witness or deposition transcript to be introduced at trial;
4. Issues not preserved in a pretrial order or trial brief are eliminated from this action;
5. Exclude any reference to the filing of Island Life's motions in limine and the Court's rulings on the same;
6. Provide a copy of this Order on Island Life's motions in limine to all parties and witnesses in ...

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