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Duhn Oil Tool, Inc v. Cameron International Corporation

January 12, 2011

DUHN OIL TOOL, INC.,
PLAINTIFF/COUNTERCLAIM- DEFENDANT,
v.
CAMERON INTERNATIONAL CORPORATION,
DEFENDANT/COUNTERCLAIM-PLAINTIFF.



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER RE DEFENDANT CAMERON'S MOTIONS IN LIMINE (DOCKET NOS. 528 and 531).

Pending before this Court are Defendant Cameron's Motions in Limine filed December 14, 2010 (Doc. 528 and 531). The Court having considered all the parties' respective moving and opposition papers and related documents and oral arguments, finds as follows:

1. Cameron's Motion in Limine No. 1, Reference to the Macando Prospect or Gulf of Mexico Oil Spill. Cameron's Motion in Limine No. 1 is GRANTED, and is reciprocal to both parties.

2. Cameron's Motion in Limine No. 2, Duhn Oil's Reasons for Terminating John Rogers. Cameron's Motion in Limine No. 2 is GRANTED in part and DENIED in part. Duhn Oil may offer evidence as to reasons for John Rogers' termination, but limited to the reasons in the following documents: D096730, D096731, D09762 and D096736-37.

3. Cameron's Motion in Limine No. 3, Asserting an Advice of Counsel Defense Regarding Duhn Oil's Intent for Inequitable Conduct. Cameron's Motion in Limine No. 3 is GRANTED. Duhn Oil does not object.

4. Cameron's Motion in Limine No. 4, Subsequent Remedial Measures Cameron's Motion in Limine No. 4 is GRANTED in part and DENIED in part. Duhn Oil may offer evidence of the design changes Cameron made to its mandrels, on the issue of willful infringement but cannot argue that these design changes are "subsequent remedial measures" within the meaning of Fed. R. Evid. 407.

5. Cameron's Motion in Limine No. 5, Financial State of Cameron Cameron's Motion in Limine No. 5 is GRANTED, and is reciprocal to both parties.

6. Cameron's Motion in Limine No. 6, Reference to Motions in Limine Cameron's Motion in Limine No. 6 is GRANTED.

7. Cameron's Motion in Limine No. 7, Reference to Denied Summary Judgment Cameron's Motion in Limine No. 7 is GRANTED.

8. Cameron's Motion in Limine No. 8, Requests for Stipulations and Documents Cameron's Motion in Limine No. 8 is GRANTED, and is reciprocal to both parties.

9. Cameron's Motion in Limine No. 9, Reference to Objections During the Reading of Deposition Testimony Cameron's Motion in Limine No. 9 is GRANTED. If reference is made to deposition testimony containing objections, the Court will rule on the objection as the deposition is read.

10. Cameron's Motion in Limine No. 10, The Nature of Any Fact Witness's Preparation for Trial or for Deposition Testimony with that Witness's Counsel Cameron's Motion in Limine No. 10 is GRANTED in part and DENIED in part. Fact witnesses may be questioned regarding the nature of their preparation for trial or for deposition testimony, unless attorney-client privilege applies.

11. Cameron's Motion in Limine No. 11, References to Courtroom Attendees Cameron's Motion in Limine No. 11 is GRANTED, and is reciprocal to both parties.

12. Cameron's Motion in Limine No. 12, Connections to California Cameron's Motion in Limine No. 12 is GRANTED in part and DENIED in part. References to California, e.g., geographic operations, scope of operations, where people do business, and a witness's geographic background, are permitted if relevant and ...


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