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ISRA Vision, AG v. Burton Industries

April 19, 2010

ISRA VISION, AG, PLAINTIFF,
v.
BURTON INDUSTRIES, INC., DEFENDANT.



The opinion of the court was delivered by: Robert H. Cleland United States District Judge

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S MOTION IN LIMINE, TERMINATING DEFENDANT'S MARCH 3, 2010 MOTION TO AMEND, AND CANCELING THE FINAL PRETRIAL CONFERENCE

Before the court is a motion in limine filed by Plaintiff ISRA Vision AG ("ISRA") on January 12, 2010. The motion has been fully briefed and the court concludes a hearing is unnecessary. See E.D. Mich. LR 7.1(e)(2). After reviewing the brief, the court will deny it, primarily because the arguments asserted in the motion should have been brought in a dispositive motion, rather than a motion in limine. The dispositive motion deadline has long-since passed and the court will not allow parties to circumvent the scheduling order deadlines by casting their dispositive motions as motions in limine. Morever, inasmuch as this litigation will be tried to the bench, the issues raised in the motion can, and should, be determined in the court's findings of fact and conclusions of law. This is particularly true given that it is the court's observation that the evidence related to the relevant issues will not be time-consuming. Indeed, during the April 7, 2010 status conference, counsel confirmed that they could efficiently address these issues during the bench trial.

Accordingly,

IT IS ORDERED that Plaintiff ISRA's motion in limine [Dkt. # 53] is DENIED without prejudice and Defendant's March 3, 2010 motion to amend [Dkt. # 67] is TERMINATED as moot.

Finally, during the April 7, 2010 conference, counsel and the court agreed that a final pretrial conference is not necessary in this matter.*fn1 Thus, IT IS FURTHER ORDERED that the Final Pretrial ...


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