Free Order on Motion in Limine - District Court of Arizona - Arizona

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Case 2:04-cv-00384-ROS Document 548 Filed 03/31/2008 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiffs, ) ) v. ) ) ) Ricky Lee Hancock, et al., ) ) Defendants. ) ) ) AND RELATED COUNTERCLAIMS ) ) ) Meritage Homes Corporation, et al.,

No. CV 04-0384-PHX-ROS ORDER

Pending are the parties' motions in limine. After review of the motions and the relevant law, IT IS ORDERED Defendant Greg Hancock's Motion in Limine to Exclude the Testimony of Greg Curry (Doc. 504) is DENIED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re Testimony and Argument about Suzanne Hilton (Doc. 505) is GRANTED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re Evidence of Meritage's Breach of License Agreement After February 13, 2004 (Doc. 506) is DENIED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re Testimony and Argument that the Terms "Derogate" or "Detract" barred Meritage from Reducing or

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Changing its Use of the Hancock Name or Saying it Would Do So in the Future (Doc. 507) is DENIED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re Testimony and Argument that Plaintiffs Purportedly Failed to Comply with Sarbanes-Oxley Disclosure Obligations (Doc. 508) is GRANTED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re: Rick Hancock's Counterclaims (Doc. 514) is GRANTED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re: Settlement with Rick Hancock Defendants (Doc. 519) is GRANTED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re Testimony and Argument that Plaintiffs Purportedly Stole American Express Miles (Doc. 520) is GRANTED. IT IS FURTHER ORDERED Defendant Greg Hancock's Motion in Limine to Exclude the Deposition Testimony of Linda Hancock (Doc. 521) is DENIED WITHOUT PREJUDICE. Defendant Greg Hancock may file a renewed motion to exclude the deposition testimony of Linda Hancock within ten (10) days of the date of this Order.1 If Defendant timely files a renewed motion, a response and reply shall be filed within the time set forth in the Local Rules of Civil Procedure. IT IS FURTHER ORDERED Defendant Greg Hancock's Motion in Limine to Exclude the Testimony of Mario Atkins and Kelly Brassfield (Doc. 522) is DENIED.2 IT IS FURTHER ORDERED Defendant Greg Hancock's Motion in Limine to Exclude the Deposition Testimony of Ian McCarthy and the Beazar Arbitration (Doc. 523) is DENIED WITHOUT PREJUDICE.

Defendant's motion will be denied with prejudice if Defendant fails to file a renewed motion within the time set forth in this Order.
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1

However, Plaintiff may not offer this evidence in support of its unfair competition -2-

claim.
Case 2:04-cv-00384-ROS Document 548 Filed 03/31/2008 Page 2 of 3

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IT IS FURTHER ORDERED Defendant Greg Hancock's Motion in Limine to Exclude the Testimony of Larry Canarelli and Ed Lubers (Doc. 524) is DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine to Exclude Limited Portions of Eugene Cole's Testimony (Doc. 525) is GRANTED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re Testimony and Argument about Robert Sarver (Doc. 526) GRANTED. IT IS FURTHER ORDERED Plaintiffs' Motion in Limine re: Barbara SorgetStanton (Doc. 527) is GRANTED.

DATED this 1st day of April, 2008.

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