Free Motion in Limine - District Court of Arizona - Arizona

Robert M. Frisbee #018779 FRISBEE & BOSTOCK, PLC 2 1747 Morten Ave. E. Suite 108 Phoenix, Arizona 85020 3 Phone: (602) 354-3689 [email protected] 4 Attorneys for Defendant Greg Hancock
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MERITAGE CORPORATION, a Maryland corporation Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

NO. CIV 04-0384-PHX-ROS

GREG HANCOCK, an individual; RICK HANCOCK, an individual; and 12 RICK HANCOCK HOMES, L.L.C., an Arizona Corporation,
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DEFENDANT GREG HANCOCK'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF MARIO ATKINS AND KELLY BRASSFIELD

Defendants.
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Defendant Greg Hancock, by and through undersigned counsel, hereby moves the
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Court for its Order precluding the testimony of Mario Atkins and Kelly Brassfield, or any
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other testimony, regarding "confusion" about Rick Hancock Homes vis a vis Greg Hancock,
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Hancock Communities or Meritage Homes.
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In its Order of July 3rd, 2007, the Court specifically held that, "Meritage's allegations of confusion fail for purposes of federal law," and "Based on the lack of any actual consumer

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confusion, Meritage's state unfair competition claim addressed to `association confusion'
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must be dismissed as well."
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Despite these rulings, in its witness list Meritage identifies Atkins and Brassfield and
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says with regard to Atkins, "Ssgt. Atkins will testify concerning representations made to him
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and him experience shopping for a home from Rick Hancock Homes;" as to Brassfield, she will testify "concerning her experience shopping for and buying a home from Rick Hancock
Case 2:04-cv-00384-ROS Document 522 Filed 08/28/2007 Page 1 of 2

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Homes." Since Meritage makes no assertion that Greg Hancock was ever involved with these witnesses, the purpose of their proposed testimony can be for nothing other than "confusion," which the Court has already ruled did not exist. These witnesses, and any other testimony regarding "confusion" should be excluded based on the Court's prior Order, and Meritage should be sanctioned for mentioning them in its witness list and compelling defendants to spend time on the matter. RESPECTFULLY SUBMITTED this 28th day of August, 2007.

FRISBEE & BOSTOCK, PLC /s/ Robert M. Frisbee Robert M. Frisbee Attorney for Greg Hancock

The foregoing Motion in Limine was electronically filed and served this 28th day of August, 2007, and copy 15 thereof mailed to the Honorable Judge Silver.
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/s/ Robert M. Frisbee