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RBBI |
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RBBI |
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general discussions: relevant market to be set. 02/02/98 BC continues to file several motions for summary judgement against the individual companies. 02/09/98 Pltfs response to motion to strike Joan Feldman as on of their expert witnesses. 02/09/98 Discussion of whether BC records are authentic or not. 02/20/98 BC not wanting to produce certain Outboard sales records. 02/25/98 Volvo enters. BC requests pltfs to produce Volvo stern drive info. NOTE- this seems to backfire, as later Pltfs start bringing up BC forcing Volvo out of the stern drive engine business. 03/02/98 Judge rules to exclude the testimony of pltfs expert witness on business ethics, but will allow Joan Feldman as a pltfs expert witness. 03/04/98 Restraint of trade mentioned. 03/04/98 Pltfs motion for inlimine (treble damages plus attorney's fees). NOTE - this would make a BC loss really sting! 03/04/98 Inboard engines mentioned. ************************ 03/04/98 BC makes a large number of motions to exclude certain evidence. 1. All evidence that relates only to pltfs claims concerning boats and outboard engines. NOTE- trying to limit case to stern drives. 2. All references to BC internal "transfer pricing". 3. Evidence or argument relating to other anti-trust litigation. NOTE - they want to exclude the FTC investigation. 4. All evidence of the Mercury Marine MAPS system. 5. Evidence that a former BC employee disclosed confidential IBBI info. NOTE - WOW! Have not seen that before! 6. Evidence that BC pressured or coerced dealers to drop or refrain from selling non-pltf boat lines. NOTE- they make this statement several times. I think they may be a bit "messed up". Surely they meant to say non-deft boat lines? (Meaning non BC boat lines). 7. "so called price discrimination." 8. Exclude evidence or argument BC caused Yamaha to exit the stern drive engine manufacturing business. NOTE - later on in the court docket, it looks like they have actually struck the word "Yamaha" from the record several times. 9. "Limit" the testimony of RObert E. Hall pltfs economic expert witness. ****************************** 03/11/98 Judge granted pltfs access to BC warranty registration database. NOTE - Good grief! did it take the pltfs this long to come up with this idea? 03/20/98 Judge denied BC motions for summary judgement on monopoly claims. 03/23/98 Engine/boat cost ratio discussion. 04/07/98 Judge strikes "transfer price" allegations and agrees to exclude all references to "internal transfer pricing". NOTE - they are obviously going to talk about it. They will just use different words. 04/08/97 Judge agrees to exclude evidence BC pressurized or coerced dealers to drop or refrain from selling non-pltf boat lines. NOTE - this seems like a pretty big exclusion to me.
Docket as of April 30, 1998 7:05 pm Page 100
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
2/2/98 635 MOTION by Brunswick Corp for partial summary judgment
against G W Invader upon the seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint FILED
UNDER SEAL (kayp)
2/2/98 636 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against G W Invader
upon the seventh, eighth and ninth claims for relief of
pltfs' fourth amended complaint [635-1] FILED UNDER SEAL
(kayp)
2/2/98 637 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against G W Invader upon the seventh,
eighth and ninth claims for relief of pltfs' fourth amended
complaint [635-1] FILED UNDER SEAL (kayp)
2/2/98 638 MOTION by Brunswick Corp for partial summary judgment
against Play Time Mfg. by Ohio Marine Distr., Inc. upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint FILED UNDER SEAL (kayp)
2/2/98 639 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Play Time
Mfg. by Ohio Marine Distr., Inc. upon the seventh, eighth
and ninth claims for relief of pltfs' fourth amended
complaint [638-1] FILED UNDER SEAL (kayp)
2/2/98 640 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Play Time Mfg. by Ohio Marine
Distr., Inc. upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [638-1] FILED
UNDER SEAL (kayp)
2/2/98 641 MOTION by Brunswick Corp for partial summary judgment
against Concord Boat Corp upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
2/2/98 642 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Concord Boat
Corp upon the seventh, eighth and ninth claims for relief
of pltfs' fourth amended complaint [641-1] FILED UNDER SEAL
(kayp)
2/2/98 643 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Concord Boat Corp upon the eighth
and ninth claims for relief of pltfs' fourth amended
complaint [641-1] FILED UNDER SEAL (kayp)
2/2/98 644 MOTION by Brunswick Corp for partial summary judgment
against Armada Mfg Co Inc upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 101
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2/2/98 645 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Armada Mfg
Co Inc upon the seventh, eighth and ninth claims for relief
of pltfs' fourth amended complaint [644-1] FILED UNDER SEAL
(kayp)
2/2/98 646 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Armada Mfg Co Inc upon the eighth
and ninth claims for relief of pltfs' fourth amended
complaint [644-1] FILED UNDER SEAL (kayp)
2/2/98 647 MOTION by Brunswick Corp for partial summary judgment
against Avenger Mfg upon the seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint FILED
UNDER SEAL (kayp)
2/2/98 648 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Avenger Mfg
upon the seventh, eighth and ninth claims for relief of
pltfs' fourth amended complaint [647-1] FILED UNDER SEAL
(kayp)
2/2/98 649 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Avenger Mfg upon the seventh,
eighth and ninth claims for relief of pltfs' fourth amended
complaint [647-1] FILED UNDER SEAL (kayp)
2/2/98 650 MOTION by Brunswick Corp for partial summary judgment
against Baha Cruisers/FRP Industries Inc upon the seventh,
eighth and ninth claims for relief of pltfs' fourth amended
complaint FILED UNDER SEAL (kayp)
2/2/98 651 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Baha
Cruisers/FRP Industries Inc upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
[650-1] FILED UNDER SEAL (kayp)
2/2/98 652 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Baha Cruisers/FRP Industries Inc
upon the seventh, eighth and ninth claims for relief of
pltfs' fourth amended complaint [650-1] FILED UNDER SEAL
(kayp)
2/2/98 653 MOTION by Brunswick Corp for partial summary judgment as to
pltfs' seventh, eighth and ninth claims for relief FILED
UNDER SEAL (kayp) [Edit date 02/02/98]
2/2/98 654 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support of
motion for partial summary judgment as to pltfs' seventh,
eighth and ninth claims for relief [653-1] FILED UNDER SEAL
(kayp) [Edit date 02/02/98]
Docket as of April 30, 1998 7:05 pm Page 102
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2/2/98 655 BRIEF by Brunswick Corp in support of motion for partial
summary judgment as to pltfs' seventh, eighth and ninth
claims for relief [653-1] FILED UNDER SEAL (kayp)
2/2/98 656 NOTICE by Brunswick Corp of filing documentary supplement in
support of deft's motion for partial summary judgment (FILED
UNDER SEAL) (kayp) [Edit date 02/02/98]
2/2/98 657 MOTION by deft Brunswick Corp for partial summary judgment
on pltfs' claims for damages that they allegedly incurred
before 12/7/91 FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 658 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment on pltfs' claims for
damages that they allegedly incurred before 12/7/91 [657-1]
FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 659 MEMORANDUM by Brunswick Corp in support of motion for
partial summary judgment on pltfs' claims for damages that
they allegedly incurred before 12/7/91 [657-1] FILED UNDER
SEAL (kayp) [Entry date 02/03/98]
2/2/98 660 MOTION by Brunswick Corp to strike paragraph 65 (the
"transfer price" allegations) from the fourth amended
complaint FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 661 MEMORANDUM by Brunswick Corp in support of motion to strike
paragraph 65 (the "transfer price" allegations) from the
fourth amended complaint [660-1] FILED UNDER SEAL (kayp)
[Entry date 02/03/98]
2/2/98 662 MOTION by Brunswick Corp to supplement record relating to
its motion for summary judgment on pltfs' claims for
attempted monopolization of the outboard and stern drive
boat markets to include reference to pltfs' expert (kayp)
[Entry date 02/03/98]
2/2/98 663 SECOND motion by Brunswick Corp for summary judgment on
pltfs' claims of attempted monopolization of the outboard
and stern drive boat markets FILED UNDER SEAL (kayp)
[Entry date 02/03/98]
2/2/98 664 MEMORANDUM by Brunswick Corp in support of motion for
summary judgment on pltfs' claims of attempted
monopolization of the outboard and stern drive boat markets
[663-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 665 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for summary judgment on pltfs' claims of
attempted monopolization of the outboard and stern drive
boat markets [663-1] FILED UNDER SEAL (kayp)
[Entry date 02/03/98]
Docket as of April 30, 1998 7:05 pm Page 103
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JWC
2/2/98 666 MOTION by Brunswick Corp for partial summary judgment on
pltfs' claim of unreasonable restraint of trade with
respect to the outboard engine market and the outboard and
stern drive boat markets FILED UNDER SEAL (kayp)
[Entry date 02/03/98]
2/2/98 667 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment on pltfs' claim of
unreasonable restraint of trade with respect to the
outboard engine market and the outboard and stern drive
boat markets [666-1] FILED UNDER SEAL (kayp)
[Entry date 02/03/98]
2/2/98 668 MEMORANDUM by Brunswick Corp in support of motion for
partial summary judgment on pltfs' claim of unreasonable
restraint of trade with respect to the outboard engine
market and the outboard and stern drive boat markets
[666-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 669 MOTION by Brunswick Corp for summary judgment on pltfs'
claim of attempted monopolization of the outboard engine
market FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 671 MEMORANDUM by Brunswick Corp in support of motion for
summary judgment on pltfs' claim of attempted
monopolization of the outboard engine market [669-1] FILED
UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 672 MOTION by Brunswick Corp for partial summary judgment
against Century Craft Industries Ltd upon the seventh,
eighth and ninth claims for relief of pltfs' fourth amended
complaint FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 673 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Century Craft Industries Ltd upon
the seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [672-1] FILED UNDER SEAL (kayp)
[Entry date 02/03/98]
2/2/98 674 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Century
Craft Industries Ltd upon the seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint
[672-1] FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 675 MOTION by Brunswick Corp for partial summary judgment
against Maverick Boat Co Inc upon the seventh, eighth and
ninth claims for relief of pltfs' fourth amended complaint
FILED UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 676 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Maverick Boat Co Inc upon the
seventh, eighth and ninth claims for relief of pltfs'
fourth amended complaint [675-1] FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 104
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
[Entry date 02/03/98]
2/2/98 677 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Maverick
Boat Co Inc upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [675-1] FILED
UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 678 MOTION by Brunswick Corp for partial summary judgment
against Weeres Industries Corp, Palm Beach Marinecraft,
Inc. and Marine Mfg Corp upon the seventh, eighth and ninth
claims for relief of pltfs' fourth amended complaint FILED
UNDER SEAL (kayp) [Entry date 02/03/98]
2/2/98 679 BRIEF by Brunswick Corp in support of motion for partial
summary judgment against Weeres Industries Corp, Palm Beach
Marinecraft, Inc. and Marine Mfg Corp upon the seventh,
eighth and ninth claims for relief of pltfs' fourth amended
complaint [678-1] FILED UNDER SEAL (kayp)
[Entry date 02/03/98]
2/2/98 680 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for partial summary judgment against Weeres
Industries Corp, Palm Beach Marinecraft, Inc. and Marine
Mfg Corp upon the seventh, eighth and ninth claims for
relief of pltfs' fourth amended complaint [678-1] FILED
UNDER SEAL (kayp) [Entry date 02/03/98]
2/3/98 670 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of motion for summary judgment on pltfs' claim of attempted
monopolization of the outboard engine market [669-1] FILED
UNDER SEAL (kayp)
2/4/98 681 ORDER by Judge James M. Moody denying pltfs' request that
the court order Dr. Charles Venus to produce reports (cc:
all counsel) EOD 2/4/98 (kayp)
2/6/98 682 MOTION by pltfs for order establishing response ddls to
dispositive motions and motion to shorten repsonse time
(kayp) [Entry date 02/09/98]
2/6/98 683 MEMORANDUM by pltfs in support of motion for order
establishing response ddls to dispositive motions and to
shorten response time [682-1] (kayp) [Entry date 02/09/98]
2/6/98 685 ORDER by Judge James M. Moody deferring ruling on motion
for order establishing response ddls to dispositive motions
and to shorten response time until deft has had an
opportunity to respond in writing no later than 12:00 p.m.
on 2/9/98 [682-1] cc: all counsel) (kayp)
[Entry date 02/09/98]
Docket as of April 30, 1998 7:05 pm Page 105
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4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
2/9/98 684 RESPONSE by Brunswick Corp to motion for order establishing
response ddls to dispositive motions and motion to shorten
repsonse time [682-1] (kayp)
2/9/98 686 NOTICE OF MOTION AND MOTION by pltfs to compel production
of documents FILED UNDER SEAL (kayp)
2/9/98 687 MEMORANDUM by pltfs in support of motion to compel
production of documents [686-1] FILED UNDER SEAL (kayp)
2/9/98 688 AFFIDAVIT of Brooks F. Poley regarding motion to compel
production of documents [686-1] FILED UNDER SEAL (kayp)
[Edit date 02/09/98]
2/9/98 689 RENEWED MOTION by pltfs for partial summary judgment
ruling that pltfs have properly defined the relevant marine
engine markets in this case FILED UNDER SEAL (kayp)
2/9/98 690 MEMORANDUM by pltfs in support of motion for partial
summary judgment ruling that pltfs have properly defined
the relevant marine engine markets in this case [689-1]
FILED UNDER SEAL (kayp)
2/9/98 691 STATEMENT OF FACTS (Rule C-10) by pltfs in support of
motion for partial summary judgment ruling that pltfs have
properly defined the relevant marine engine markets in this
case [689-1] FILED UNDER SEAL (kayp)
2/9/98 692 AFFIDAVIT of Steven E. Uhr regarding motion for partial
summary judgment ruling that pltfs have properly defined
the relevant marine engine markets in this case [689-1]
FILED UNDER SEAL (kayp)
2/9/98 693 NOTICE OF MOTION AND MOTION by pltfs for summary judgment
on Count I of deft's Fifth Amended Counterclaim FILED
UNDER SEAL (kayp)
2/9/98 694 MEMORANDUM by pltfs in support of motion for summary
judgment on Count I of deft's Fifth Amended Counterclaim
[693-1] FILED UNDER SEAL (kayp)
2/9/98 695 AFFIDAVIT of Paul A. Bolin regarding motion for summary
judgment on Count I of deft's Fifth Amended Counterclaim
[693-1] FILED UNDER SEAL (kayp)
2/9/98 696 STATEMENT OF FACTS (Rule 29) by pltfs in support of motion
for summary judgment on Count I of deft's Fifth Amended
Counterclaim [693-1] FILED UNDER SEAL (kayp)
2/9/98 697 NOTICE OF MOTION AND MOTION by pltfs to deem certain
Brunswick documents are authentic, business records and/or
admissions of a party-opponent FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 106
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JWC
2/9/98 698 MEMORANDUM by pltfs in support of motion to deem certain
Brunswick documents are authentic, business records and/or
admissions of a party-opponent [697-1] FILED UNDER SEAL
(kayp)
2/9/98 699 AFFIDAVIT of Laura A. Pfeiffer regarding motion to deem
certain Brunswick documents are authentic, business records
and/or admissions of a party-opponent [697-1] FILED UNDER
SEAL (kayp)
2/9/98 700 AFFIDAVIT of Christopher W. Madel regarding motion to deem
certain Brunswick documents are authentic, business records
and/or admissions of a party-opponent [697-1] FILED UNDER
SEAL (kayp)
2/9/98 701 NOTICE by Brunswick Corp of filing list of prospective
deponent and anticipated non-expert trial witnesses
pursuant to court's order of 5/12/97 (kayp)
[Entry date 02/10/98]
2/9/98 702 MEMORANDUM by Brunswick Corp in opposition to motion to
compel production of [584-1], motion for in camera
inspection of documents improperly withheld on privilege
grounds or improperly redacted [584-2] FILED UNDER SEAL
(kayp) [Entry date 02/10/98]
2/9/98 703 RESPONSE by pltfs to motion to strike Joan Feldman as an
expert witness for pltfs [580-1] FILED UNDER SEAL (kayp)
[Entry date 02/10/98] [Edit date 02/10/98]
2/9/98 704 RESPONSE by pltfs to motion to strike Joan Feldman as an
expert witness for pltfs [580-1] FILED UNDER SEAL (kayp)
[Entry date 02/10/98]
2/10/98 705 ORDER by Judge James M. Moody granting motion for order
establishing 3/4/98 as response ddl to dispositive pretrial
motions for pltfs and deft [682-1] (cc: all counsel) EOD
2/10/98 (kayp)
2/10/98 706 ORDER by Judge James M. Moody regarding status conference
of 2/13/98 at which the court will hear the oral argument
re deft's motion for summary judgment on pltfs' claims of
attempted monopolization of the outboard and stern drive
boat markets (cc: all counsel) EOD 2/10/98 (kayp)
2/13/98 707 CLERK'S MINUTES: STATUS conf before Judge James M. Moody.
Ctrptr. Fant. (sp)
2/18/98 708 TRANSCRIPT (1 volume) of telephone conference before the
Honorable Jerry W. Cavaneau on 12/5/97 (kayp)
2/18/98 709 TRANSCRIPT (1 volume) of telephone conference before the
Honorable Jerry W. Cavaneau on 12/12/97 (kayp)
Docket as of April 30, 1998 7:05 pm Page 107
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JWC
2/18/98 710 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding interrogatory referring to engine/boat
cost ratio. Brooks Poley for pltfs present by telephone
and Tony Wilcox and Susan Childers present in chambers. ERO
- Donna Jackson (dj)
2/20/98 711 ORDER by Magistrate Judge Jerry W. Cavaneau re proposed
jury questionnaire (cc: all counsel) EOD 2/20/98 FILED
UNDER SEAL (kayp)
2/20/98 712 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part the motion to compel re pltfs'
fourteenth set of discovery; unless otherwise stated in the
order, items produced pursuant to this order shall be
produced within 10 days of the entry date [535-1] (cc: all
counsel) EOD 2/20/98 (kayp)
2/20/98 713 ORDER by Magistrate Judge Jerry W. Cavaneau granting in
part and denying in part motion to compel inspection of
Brunswick Corporation's premises [543-1] (cc: all counsel)
EOD 2/20/98 (kayp)
2/20/98 714 RESPONSE by Brunswick Corp to pltfs' third and fourth
requests for stipulation of certain Brunswick Corp
documents' authenticity and admissibility [697-1] (kayp)
[Entry date 02/23/98]
2/20/98 715 MEMORANDUM by Brunswick Corp in opposition to motion to
compel production of documents re outboard engine purchases
[686-1] (kayp) [Entry date 02/23/98]
2/23/98 716 ORDER by Judge James M. Moody modifying the amended
scheduling order dated 10/10/97 (cc: all counsel) EOD
2/23/98 (kayp)
2/23/98 717 ORDER by Judge James M. Moody granting extension of time in
which to respond to deft's motion for summary judgment on
pltfs' claim of attempted monopolization of the outboard
engine market until 2/27/98 [669-1] (cc: all counsel) EOD
2/23/98 (kayp)
2/23/98 718 MEMORANDUM by Brunswick Corp in opposition to motion to
deem certain Brunswick documents are authentic, business
records and/or admissions of a party-opponent [697-1] FILED
UNDER SEAL (kayp) [Entry date 02/24/98]
2/24/98 719 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to compel a supplemental response to Interrogatory No. 168
[686-1] (cc: all counsel) EOD 2/24/98 (kayp)
2/25/98 720 ORDER by Magistrate Judge Jerry W. Cavaneau grant deft's
request that pltfs produce the Volvo stern drive
information as requested in Mr. Wilcox's letter of 2/20/98
(cc: all counsel) EOD 2/25/98 (kayp)
Docket as of April 30, 1998 7:05 pm Page 108
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2/25/98 721 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to compel production of documents [686-1] (cc: all counsel)
EOD 2/25/98 (kayp)
2/26/98 722 MEMORANDUM pltfs in support of motion to compel regardling
pltfs' fourteenth set of discovery submitted pursuant to
Judge Cavaneau's order of 2/20/98 [712-1] FILED UNDER SEAL
(kayp)
2/26/98 723 AFFIDAVIT of K. Craig Wildfang re memorandum [722-1] FILED
UNDER SEAL (kayp) [Edit date 02/26/98]
2/26/98 724 AFFIDAVIT of Laura A. Pfeiffer regarding memorandum [722-1]
FILED UNDER SEAL (kayp) [Edit date 02/26/98]
2/26/98 725 ORDER by Magistrate Judge Jerry W. Cavaneau notifying
parties that they need not be available either 2/27/98 or
3/2/98 as oral argument is not necessary on motions (cc:
all counsel) (kayp) [Entry date 02/27/98]
2/27/98 726 AMENDED RESPONSE by deft Brunswick Corp to pltfs' third and
fourth requests for stipulation of certain Brunswick
corporation documents' authenticity and admissibility
[718-1] (kayp) [Entry date 03/02/98]
3/2/98 727 RESPONSE by pltfs to deft's fifth set of discovery requests
per court order of 1/30/98 [592-1] (kayp)
3/2/98 728 RESPONSE by pltf Albemarle Boats Inc to deft's fifth set of
discovery requests per court order of 1/30/98 [592-1]
(kayp)
3/2/98 729 RESPONSE by Galaxie Boat Works deft's fifth set of
discovery requests per court order of 1/30/98 [592-1]
(kayp)
3/2/98 730 SUPPLEMENTAL BRIEF by pltfs in support of motion for
summary judgment on Count I of deft's Fifth Amended
Counterclaim incorporating the testimony of Dr. Richard T.
Rapp [693-1] FILED UNDER SEAL (kayp)
3/2/98 731 AFFIDAVIT of Paul A. Bolin regarding supplemental brief
[730-1] FILED UNDER SEAL (kayp)
3/2/98 732 SUPPLEMENTAL RESPONSE by pltfs to motion for summary
judgment on pltfs' claim of attempted monopolization of the
outboard engine market [669-1] FILED UNDER SEAL (kayp)
3/2/98 733 SUPPLEMENTATION by pltfs to memorandum in support of its
renewed motion for partial summary judgment ruling that
pltfs have properly defined the relevant marine engine
markets in this case [690-1] FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 109
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3/2/98 734 AFFIDAVIT of Steven E. Uhr regarding supplementation to
pltfs' memorandum of law in support of its renewed motion
for a partial summary judgment [733-1] FILED UNDER SEAL
(kayp)
3/2/98 735 AFFIDAVIT of Steven E. Uhr regarding second supplemental
response to defts' motion for summary judgment [732-1] FILED
UNDER SEAL (kayp) [Edit date 03/03/98]
3/2/98 736 MEMORANDUM by deft Brunswick Corp in opposition to pltfs'
supplemental motion to compel re pltfs' fourteenth set of
discovery requests pursuant to court's order of 2/20/98
[712-1] FILED UNDER SEAL (kayp) [Entry date 03/03/98]
[Edit date 03/03/98]
3/2/98 737 ORDER by Judge James M. Moody granting motion to exclude
the testimony of pltfs' expert on business ethics, Dr. W.
Michael Hoffman [582-1] and denying motion to strike Joan
Feldman as an expert witness for pltfs [580-1] (cc: all
counsel) (kayp) [Entry date 03/03/98]
3/2/98 738 ORDER by Judge James M. Moody denying pltfs' motion to deem
certain Brunswick documents are authentic, business records
and/or admissions of a party-opponent and cancelling
referral to Magistrate Judge Cavaneau with respect to said
motion [697-1] (cc: all counsel) (kayp)
[Entry date 03/03/98]
3/4/98 739 MEMORANDUM of law by pltfs in response to deft Brunswick
Corporation's motions for summary judgment on pltfs' claims
of attempted monopolization of the outboard and stern drive
boat markets [663-1]; for partial summary judgment on
pltfs' claim of unreasonable restraint of trade with
respect to the outboard engine market and the outboard and
stern drive boat markets [666-1]; and for summary judgment
on pltfs' claims of attempted monopolization of The Stern
Drive and Outboard Boat Markets [379-1] FILED UNDER SEAL
(kayp)
3/4/98 740 STATEMENT OF FACTS (Rule 29) by pltf in support of
memorandum of law in response to deft's second motion for
summary judgment on pltfs' claims of attempted
monopolization of the outboard and stern drive boat markets
[739-1] (kayp)
3/4/98 741 STATEMENT OF FACTS (Rule 29) by pltfs in support of
memorandum of law in response to deft's motion for summary
judgment on pltfs' claim of attempted monopolization of the
outboard engine market [739-1] (kayp)
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3/4/98 742 STATEMENT OF FACTS (Rule 29) by pltfs in support of
memorandum of law in response to deft's motion for partial
summary judgment on pltfs' claim of unreasonable restraint
of trade with respect to the outboard engine market and the
outboard and stern drive boat markets [739-1] (kayp)
3/4/98 743 AFFIDAVIT of Steven E. Uhr re memorandum of law in response
to deft's motions for summary judgment [739-1] FILED UNDER
SEAL (kayp)
3/4/98 744 CERTIFICATE OF SERVICE by pltfs of memorandum of law in
response to deft's motions for summary judgment and
statements of fact in support thereof [742-1] [741-1]
[740-1] [739-1] (kayp)
3/4/98 745 MOTION by pltfs in limine (treble damages and attorneys'
fees) (kayp)
3/4/98 746 MEMORANDUM by pltfs in support of motion in limine (treble
damages and attorneys' fees) [745-1] (kayp)
3/4/98 747 MOTION and notice of motion by pltfs in limine (inboard
engines) FILED UNDER SEAL (kayp)
3/4/98 748 MEMORANDUM by pltfs in support of motion in limine (inboard
engines) [747-1] FILED UNDER SEAL (kayp)
3/4/98 749 AFFIDAVIT of Christopher W. Madel re motion in limine
(inboard engines) [747-1] FILED UNDER SEAL (kayp)
3/4/98 750 MOTION by pltfs in limine no. 1 FILED UNDER SEAL (kayp)
3/4/98 751 MEMORANDUM by pltfs in support of motion in limine no. 1
[750-1] FILED UNDER SEAL (kayp)
3/4/98 752 AFFIDAVIT of K. Craig Wildfang regarding motion in limine
no. 1 [750-1] FILED UNDER SEAL (kayp)
3/4/98 753 AFFIDAVIT of Amy Lee Stewart regarding motion in limine no.
1 [750-1] FILED UNDER SEAL (kayp)
3/4/98 754 CERTIFICATE OF SERVICE by pltfs of motion in limine no. 1,
memorandum in support thereof and affidavits to deft
[753-1] [752-1] [751-1] [750-1] FILED UNDER SEAL (kayp)
3/4/98 755 STATEMENT of material facts that contain a genuine issue to
be tried (Pursuant to Local Rule C-10(b) and 9(c)) by pltfs
in response to deft's partial motions for summary judgment
as to pltfs' seventh, eight and ninth claims for relief
[653-1] [650-1] [647-1] [644-1] [641-1] [638-1] [635-1]
[632-1] [629-1] [626-1] [623-1] [620-1] [617-1] [614-1]
[611-1] [608-1] [605-1] [602-1] [599-1] [596-1] [593-1]
[678-1] [675-1] 672-1] FILED UNDER SEAL (kayp)
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3/4/98 756 MOTION by pltfs in limine (dissemination of confidential
business information) FILED UNDER SEAL (kayp)
[Edit date 03/04/98]
3/4/98 757 CONSOLIDATED memorandum by pltfs in opposition to deft
Brunswick Corp's motions for partial summary judgment as to
pltfs' seventh, eighth and ninth claims for relief [653-1]
[650-1] [647-1] [644-1] [641-1] [638-1] [635-1] [632-1]
[629-1] [626-1] [623-1] [620-1] [617-1] [614-1] [601-1]
[608-1] [605-1] [602-1] [599-1] [596-1] [593-1] [678-1]
[675-1] [672-1] FILED UNDER SEAL (kayp)
3/4/98 757 MEMORANDUM by pltfs in support of motion in limine
(dissemination of confidential business information)
[756-1] FILED UNDER SEAL (kayp)
3/4/98 758 AFFIDAVIT of Christopher W. Madel regarding memorandum in
opposition to deft's motions for partial summary judgment
and in support of pltfs' motion in limine (dissemination of
confidential business information) [757-1] FILED UNDER SEAL
(kayp)
3/4/98 759 AFFIDAVIT of K. Craig Wildfang re memorandum in opposition
to deft's motions for partial summary judgment and in
support of pltfs' motion in limine [757-1] FILED UNDER SEAL
(kayp)
3/4/98 760 AFFIDAVIT of Peter L. Barclae re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 761 AFFIDAVIT of Mark Baseler re memorandum [757-1] FILED UNDER
SEAL (kayp)
3/4/98 762 AFFIDAVIT of Peter M. Gillon re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 763 AFFIDAVIT of Kevin Hirdes re memorandum [757-1] FILED UNDER
SEAL (kayp)
3/4/98 764 AFFIDAVIT of Dennis G. Mierke re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 765 AFFIDAVIT of Thomas M. Moore re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 766 AFFIDAVIT of Malibu Boats West, Inc. re memorandum [757-1]
FILED UNDER SEAL (kayp)
3/4/98 767 AFFIDAVIT of Chip Ridge re memorandum [757-1] FILED UNDER
SEAL (kayp)
3/4/98 768 AFFIDAVIT of Ross C. Jardine re memorandum [757-1] FILED
UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 112
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3/4/98 769 AFFIDAVIT of Don L. Dacus re memorandum [757-1] FILED UNDER
SEAL (kayp)
3/4/98 770 AFFIDAVIT of Jimmy J. Fulks regarding memorandum [757-1]
FILED UNDER SEAL (kayp)
3/4/98 771 AFFIDAVIT of Fritz Hawkins re memorandum [757-1] FILED
UNDER SEAL - regarding motion response [757-1] (kayp)
3/4/98 772 AFFIDAVIT of J. Donald Jones re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 773 AFFIDAVIT of Clinton L. Lee re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 774 AFFIDAVIT of Robert W. Lovelace re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 775 AFFIDAVIT of Russell L. Lowe regarding memorandum [757-1]
FILED UNDER SEAL (kayp)
3/4/98 776 AFFIDAVIT of Jack Swan regarding memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 777 AFFIDAVIT of Jerry C. Jones on behalf of pltfs in
connection with various motions filed by the parties (FILED
UNDER SEAL) (kayp)
3/4/98 778 AFFIDAVIT of Constance K. White re memorandum [757-1] FILED
UNDER SEAL (kayp)
3/4/98 779 MEMORANDUM by pltfs in opposition to deft Brunswick Corp's
motion for partial summary judgment on pltfs' claims for
damages that they allegedly incurred before 12/7/91 [657-1]
FILED UNDER SEAL (kayp)
3/4/98 780 AFFIDAVIT of Laura A. Pfeiffer re pltfs' memorandum in
opposition to deft's motion for partial summary judgment on
claim for damages that they allegedly incurred before
12/7/91 [779-1] FILED UNDER SEAL (kayp)
3/4/98 781 STATEMENT OF FACTS (Rule 29) by pltf in support of
memorandum in opposition to deft's motion for partial
summary judgment on pltfs' claims for damages that they
allegedly incurred before 12/7/91 [779-1] FILED UNDER SEAL
(kayp)
3/4/98 782 AFFIDAVIT of Christopher W. Madel re memorandum [757-1]
FILED UNDER SEAL (kayp)
3/4/98 783 MOTION by pltfs in limine no. 2 (business acumen) (kayp)
[Entry date 03/05/98]
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3/4/98 784 BRIEF by pltfs in support of motion in limine no. 2
(business acumen) [783-1] (kayp) [Entry date 03/05/98]
3/4/98 785 MOTION by pltfs in limine no. 3 (evidence related to
Brunswick's counterclaim) (kayp) [Entry date 03/05/98]
3/4/98 786 MEMORANDUM by pltfs in support of motion in limine no. 3
(evidence related to Brunswick's counterclaim) [785-1] (kayp)
[Entry date 03/05/98]
3/4/98 787 MOTION by pltfs in limine no. 4 (exclude passing on,
pltfs' profitability and antitrust injury) (kayp)
[Entry date 03/05/98]
3/4/98 788 MEMORANDUM by pltfs in support of motion in limine no. 4
(exclude passing on, pltfs' profitability and antitrust
injury) [787-1] (kayp) [Entry date 03/05/98]
3/4/98 789 MOTION by pltfs in limine no. 5 (certainty of damages) (kayp)
[Entry date 03/05/98]
3/4/98 790 MEMORANDUM by pltfs in support of motion in limine no. 5
(certainty of damages) [789-1] (kayp) [Entry date 03/05/98]
3/4/98 791 MOTION by pltfs in limine no. 6 (collateral attack on
specific instances of conduct) (kayp) [Entry date 03/05/98]
3/4/98 792 MEMORANDUM by pltfs in support of motion in limine no. 6
(collateral attack on specific instances of conduct)
[791-1] (kayp) [Entry date 03/05/98]
3/4/98 793 MOTION by pltfs in limine no. 7 (deft's Section 1
Agreement) (kayp) [Entry date 03/05/98]
3/4/98 794 BRIEF by pltfs in support of motion in limine no. 7 (deft's
Section 1 Agreement) [793-1] (kayp) [Entry date 03/05/98]
3/4/98 795 MOTION by pltfs in limine no. 8 (Anthony Romersa) (kayp)
[Entry date 03/05/98]
3/4/98 796 MEMORANDUM by pltfs in support of motion in limine no. 8
(Anthony Romersa) [795-1] (kayp) [Entry date 03/05/98]
3/4/98 797 MOTION by pltfs in limine no. 9 (post-lawsuit evidence)
(kayp) [Entry date 03/05/98]
3/4/98 798 BRIEF by pltfs in support of motion in limine no. 9
(post-lawsuit evidence) [797-1] (kayp) [Entry date 03/05/98]
3/4/98 799 MOTION by pltfs in limine no. 10 (use of pre-1990 info not
produced to pltfs) (kayp) [Entry date 03/05/98]
3/4/98 800 MEMORANDUM by pltfs in support of motion in limine no. 10
(use of pre-1990 info not produced to pltfs) [799-1] (kayp)
Docket as of April 30, 1998 7:05 pm Page 114
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[Entry date 03/05/98]
3/4/98 801 MOTION by pltfs in limine no. 11 (disaggregation of
damages not not required) (kayp) [Entry date 03/05/98]
3/4/98 802 BRIEF by pltfs in support of motion in limine no. 11
(disaggregation of damages not not required) [801-1] (kayp)
[Entry date 03/05/98]
3/4/98 803 MOTION by pltfs in limine no. 12 (exclude late named
witnesses) (kayp) [Entry date 03/05/98]
3/4/98 804 MEMORANDUM by pltfs in support of motion in limine no. 12
(exclude late named witnesses) [803-1] (kayp)
[Entry date 03/05/98]
3/4/98 805 MOTION by pltfs in limine no. 13 (expert reliance on data
received after date of last written report or offering
opinions) (kayp) [Entry date 03/05/98]
3/4/98 806 MEMORANDUM by pltfs in support of motion in limine no. 13
(expert reliance on data received after date of last
written report or offering opinions) [805-1] (kayp)
[Entry date 03/05/98]
3/4/98 807 MOTION by pltfs in limine no. 14 (inconsistent position on
the product market) (kayp) [Entry date 03/05/98]
3/4/98 808 BRIEF by pltfs in support of motion in limine no. 14
(inconsistent position on the product market) [807-1] (kayp)
[Entry date 03/05/98]
3/4/98 809 MOTION by pltfs in limine no. 15 (pltfs' knowledge of
damages) (kayp) [Entry date 03/05/98]
3/4/98 810 MEMORANDUM by pltfs in support of motion in limine no. 15
(pltfs' knowledge of damages) [809-1] (kayp)
[Entry date 03/05/98]
3/4/98 811 MOTION by pltfs in limine no. 16 (responsibilities of
market power) (kayp) [Entry date 03/05/98]
3/4/98 812 BRIEF by pltfs in support of motion in limine no. 16
(responsibilities of market power) [811-1] (kayp)
[Entry date 03/05/98]
3/4/98 813 MOTION by pltfs in limine no. 17 FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 814 MEMORANDUM by pltfs in support of motion in limine no. 17
[813-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 815 MOTION by pltfs in limine no. 18 (valid business reasons)
(kayp) [Entry date 03/05/98]
Docket as of April 30, 1998 7:05 pm Page 115
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3/4/98 816 BRIEF by pltfs in support of motion in limine no. 18 (valid
business reasons) [815-1] (kayp) [Entry date 03/05/98]
3/4/98 817 MOTION by pltfs in limine no. 19 (use of info requested by
pltfs but not produced) (kayp) [Entry date 03/05/98]
3/4/98 818 MEMORANDUM by pltfs in support of motion in limine no. 19
(use of info requested by pltfs but not produced) (kayp)
[Entry date 03/05/98]
3/4/98 819 MOTION by pltfs in limine no. 20 (duplicative testimony)
(kayp) [Entry date 03/05/98]
3/4/98 820 MEMORANDUM by pltfs in support of motion in limine no. 20
(duplicative testimony) [819-1] (kayp) [Entry date 03/05/98]
3/4/98 821 MOTION by pltfs in limine no. 21 (not "substantial"
monopoly power) (kayp) [Entry date 03/05/98]
3/4/98 822 MEMORANDUM by pltfs in support of motion in limine no. 21
(not "substantial" monopoly power) [821-1] (kayp)
[Entry date 03/05/98]
3/4/98 823 NOTICE by pltfs of filing initial deposition designations
and initial designations of depositions to be shown by
videotape (kayp) [Entry date 03/05/98]
3/4/98 824 MOTION by Brunswick Corp in limine to exclude from the
jury phase of the trial all evidence that relates only to
pltfs' claims concerning boats and outboard engines (kayp)
[Entry date 03/05/98]
3/4/98 825 MEMORANDUM by deft Brunswick Corp in support of motion in
limine to exclude from the jury phase of the trial all
evidence that relates only to pltfs' claims concerning
boats and outboard engines [824-1] (kayp)
[Entry date 03/05/98]
3/4/98 826 MOTION by Brunswick Corp in limine re pltfs' opinion
testimony; pltfs' testimony based on hearsay; and other
testimony aboaut which pltfs lack personal knowledge FILED
UNDER SEAL (kayp) [Entry date 03/05/98]
[Edit date 03/05/98]
3/4/98 827 BRIEF by Brunswick Corp in support of motion in limine re
pltfs' opinion testimony; pltfs' testimony based on hearsay;
and other testimony about which pltfs lack personal
knowledge [826-1] FILED UNDER SEAL (kayp)
[Entry date 03/05/98] [Edit date 03/05/98]
3/4/98 828 MOTION by Brunswick Corp in limine to exclude all
references to Brunswick's internal "transfer pricing" FILED
UNDER SEAL (kayp) [Entry date 03/05/98]
Docket as of April 30, 1998 7:05 pm Page 116
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[Edit date 03/05/98]
3/4/98 829 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude all references to Brunswick's internal "transfer
pricing" [828-1] FILED UNDER SEAL (kayp)
[Entry date 03/05/98] [Edit date 03/05/98]
3/4/98 830 MOTION by Brunswick Corp in limine to exclude evidence or
argument relating to other antitrust litigation FILED
UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 831 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude evidence or argument relating to other antitrust
litigation [830-1] FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 832 MOTION by Brunswick Corp in limine to exclude all evidence
of the parties' conduct during discovery FILED UNDER SEAL
(kayp) [Entry date 03/05/98]
3/4/98 833 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude all evidence of the parties' conduct during
discovery [832-1] FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 834 MOTION by Brunswick Corp in limine to exclude all
references to the allegations in paragraph 69(f) of the
fourth amended complaint FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 835 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude all references to the allegations in paragraph
69(f) of the fourth amended complaint [834-1] FILED UNDER
SEAL (kayp) [Entry date 03/05/98]
3/4/98 836 MOTION by Brunswick Corp in limine to preclude pltfs from
raising fraudulent concealment at trial FILED UNDER SEAL
(kayp) [Entry date 03/05/98]
3/4/98 837 MEMORANDUM by Brunswick Corp in support of motion in limine
to preclude pltfs from raising fraudulent concealment at
trial [836-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 838 MOTION by Brunswick Corp in limine to exclude all evidence
concerning The Mercury Marine MAP System FILED UNDER SEAL
(kayp) [Entry date 03/05/98]
3/4/98 839 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude all evidence concerning The Mercury Marine MAP
System [838-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 840 MOTION by Brunswick Corp in limine to exclude evidence
that former Brunswick employee disclosed confidential
independent boat builder info FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 117
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[Entry date 03/05/98]
3/4/98 841 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude evidence that former Brunswick employee
disclosed confidential independent boat builder info
[840-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 842 MOTION by Brunswick Corp in limine to exclude evidence
that Brunswick pressured or coerced marine dealers to drop
or refrain from selling non-pltf boat lines (kayp)
[Entry date 03/05/98]
3/4/98 843 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude evidence that Brunswick pressured or coerced
marine dealers to drop or refrain from selling non-pltf
boat lines [842-1] (kayp) [Entry date 03/05/98]
3/4/98 844 MOTION by Brunswick Corp in limine to exclude evidence of
so-called price discrimination (kayp) [Entry date 03/05/98]
3/4/98 845 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude evidence of so-called price discrimination
[844-1] (kayp) [Entry date 03/05/98]
3/4/98 846 MOTION by Brunswick Corp in limine to preclude pltfs from
confronting witnesses with documents that those witnesses
did not see in the ordinary course of business FILED UNDER
SEAL (kayp) [Entry date 03/05/98]
3/4/98 847 MEMORANDUM by Brunswick Corp in support of motion in limine
to preclude pltfs from confronting witnesses with documents
that those witnesses did not see in the ordinary course of
business [846-1] FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 848 MOTION by Brunswick Corp in limine to preclude pltfs from
asking a witness questions designed to result in the
invocation of the attorney-client privilege or the work
product doctrine FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 849 MEMORANDUM by Brunswick Corp in support of motion in limine
to preclude pltfs from asking a witness questions designed
to result in the invocation of the attorney-client
privilege or the work product doctrine [848-1] FILED UNDER
SEAL (kayp) [Entry date 03/05/98]
3/4/98 850 MOTION by Brunswick Corp in limine re pltfs' confidential
information FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 851 BRIEF by Brunswick Corp in support of motion in limine re
pltfs' confidential information [850-1] FILED UNDER SEAL
(kayp) [Entry date 03/05/98]
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3/4/98 852 MOTION by Brunswick Corp in limine to exclude evidence or
argument that Brunswick caused Yamaha to exit the stern
drive engine manufacturing business FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 853 APPENDIX filed by Brunswick Corp re motion in limine to
exclude evidence or argument that Brunswick caused Yamaha
to exit the stern drive engine manufacturing business
[852-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 854 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude evidence or argument that Brunswick caused to
exit the stern drive engine manufacturing business [852-1]
FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 855 MOTION by Brunswick Corp in limine to exclude evidence and
testimony concerning opinions and recommendations expressed
by McKinsey & Co FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 856 MEMORANDUM by Brunswick Corp in support of motion in limine
to exclude evidence and testimony concerning opinions and
recommendations expressed by McKinsey & Co [855-1] FILED
UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 857 MEMORANDUM by Brunswick Corp in opposition to pltfs' motion
for summary judgment on Count I of deft's Fifth Amended
Counterclaim [693-1] FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
3/4/98 858 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of memorandum in opposition to pltfs' motion for summary
judgment on Count 1 of Brunswick's counterclaim [857-1]
FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 859 MOTION by Brunswick Corp in limine to limit the testimony
of Robert E. Hall, pltfs' economics expert FILED UNDER
SEAL (kayp) [Entry date 03/05/98]
3/4/98 860 MEMORANDUM by Brunswick Corp in support of motion in limine
to limit the testimony of Robert E. Hall, pltfs' economics
expert [859-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 861 MEMORANDUM by Brunswick Corp in opposition to motion for
partial summary judgment ruling that pltfs have properly
defined the relevant marine engine markets in this case
[689-1] FILED UNDER SEAL (kayp) [Entry date 03/05/98]
3/4/98 862 STATEMENT OF FACTS (Rule 29) by Brunswick Corp in support
of memorandum in opposition to pltfs' renewed motion for
partial summary judgment [861-1] FILED UNDER SEAL (kayp)
[Entry date 03/05/98]
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3/4/98 868 ORDER by Magistrate Judge Jerry W. Cavaneau finding the
motion to compel discovery (dissemination of confidential
information) moot [440-1] (cc: all counsel) (kayp)
[Entry date 03/05/98]
3/5/98 863 AFFIDAVIT of Laura A. Pfeiffer in support of pltfs'
consolidated memorandum of law in opposition to deft's
motions for partial summary judgment and in support of
pltfs' motion in limine [757-1] FILED UNDER SEAL (kayp)
3/5/98 864 CERTIFICATE OF SERVICE by pltfs of affidavit of Laura A.
Pfeiffer [863-1] (kayp)
3/5/98 865 CERTIFICATE OF SERVICE by Dawn M. Van Alstine for pltfs of
documents filed on 3/4/98 upon deft (kayp)
3/5/98 866 CERTIFICATE OF SERVICE by Dawn M. Van Astine for pltfs of
documents on deft (kayp)
3/5/98 867 CERTIFICATE OF SERVICE by Dawn M. Van Alstine for pltfs of
documents on deft (kayp)
3/5/98 869 ORDER by Magistrate Judge Jerry W. Cavaneau denying motion
to compel production of non-privileged notes from IBBI
meetings [460-1] (cc: all counsel) EOD 3/5/98 FILED UNDER
SEAL (kayp)
3/6/98 870 ORDER by Magistrate Judge Jerry W. Cavaneau granting motion
in part and denying in part pltfs' motion to compel
production of, or for in camera inspection of documents
improperly withheld on privilege grounds or improperly
redacted [584-1] [584-2] (cc: all counsel) EOD 3/6/98
(FILED UNDER SEAL) (kayp)
3/6/98 871 RESPONSE by Brunswick Corp to pltfs' fifth requests for
stipulation of certain Brunswick documents' authenticity
and admissibility (kayp) [Entry date 03/09/98]
3/9/98 872 ORDER by Magistrate Judge Jerry W. Cavaneau setting
telephone conference on the matter of pltfs' fourteenth set
of discovery for 3/11/98 (cc: all counsel) EOD 3/9/98
(FILED UNDER SEAL) (kayp)
3/9/98 873 ORDER by Judge James M. Moody granting in part and denying
in part deft's motion for summary judgment on pltfs' claims
of attempted monopolization of Stern Drive and Outboard
Boat Markets: summary judgment is granted with respect to
pltfs' fifth claim for relief and denied with respect to
pltfs' third claim for relief [379-1] (cc: all counsel) EOD
3/9/98 (kayp)
3/10/98 874 OBJECTIONS by pltfs to Judge Cavaneau's 2/25/98 order re
the production of Volvo stern drive data [720-1] (kayp)
Docket as of April 30, 1998 7:05 pm Page 120
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3/10/98 875 OBJECTIONS by pltfs to order of 2/20/98 re proposed jury
questionnaire [711-1] (kayp)
3/10/98 876 OBJECTIONS by pltfs to Judge Cavaneau's 2/25/98 order
denying motion to compel [721-1] FILED UNDER SEAL (kayp)
3/10/98 877 AFFIDAVIT of Paul A. Bolin regarding objection to 2/25/98
order re outboard data [876-1] FILED UNDER SEAL (kayp)
3/10/98 878 MEMORANDUM by pltfs in opposition to deft's motion to
strike paragraph 65 (the "transfer price" allegations) from
the fourth amended complaint [660-1] FILED UNDER SEAL (kayp)
3/10/98 879 AFFIDAVIT of Brooks F. Poley regarding memorandum in
opposition to deft's motion to strike [878-1] FILED UNDER
SEAL (kayp)
3/10/98 880 CERTIFICATE OF SERVICE by pltfs of affidavit [879-1] and
memorandum in opposition upon deft [878-1] (kayp)
3/10/98 881 ORDER by Judge James M. Moody extending ddl for filing
several pleadings by pltfs by one day (cc: all counsel) EOD
3/10/98 (kayp)
3/11/98 882 MEMORANDUM by pltfs in opposition to deft's motion to
strike paragraph 65 (the "transfer price" allegations) from
the fourth amended complaint [660-1] FILED UNDER SEAL (kayp)
3/11/98 883 AFFIDAVIT of Brooks F. Poley regarding memorandum in
opposition to deft's renewed motion to strike paragraph 65
(the "transfer price" allegations from the fourth amended
complaint [882-1] FILED UNDER SEAL (kayp)
3/11/98 884 CERTIFICATE OF SERVICE by pltfs of memorandum in opposition
and affidavit of Brooks F. Poley [882-1][883-1] (kayp)
3/11/98 885 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding document #535. Present in chambers Tony
Wilcox and Susan Childers for defendant. Present by
telephone: for plaintiffs - Brooks Poley, for defendant -
Diane Smith and Veronica Young. Court reporter: Carolyn
Fant (dj)
3/11/98 886 ORDER by Magistrate Judge Jerry W. Cavaneau pltfs' request
for access to deft's warranty card registration databases
made in connection with their motion to compel resp to
their 14th set of discovery requests is granted [535-1];
deft shall produce the databases w/in 10 days from the date
of this order; said material shall be treated as highly
confidential under the protective order (cc: all counsel)
(bt) [Entry date 03/12/98]
3/12/98 887 RESPONSE by defendant Brunswick Corp to objections to order
dated 2/20/98 [875-1] (bt) [Entry date 03/13/98]
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3/12/98 888 MOTION by defendant Brunswick Corp to strike pltfs'
designations of deposition testimony (bt)
[Entry date 03/13/98]
3/12/98 889 BRIEF by defendant Brunswick Corp in support of motion to
strike pltfs' designations of deposition testimony [888-1]
(bt) [Entry date 03/13/98]
3/12/98 890 ORDER by Judge James M. Moody setting the agenda for the
March 13, 1998 motions hearing at 10 a.m. (cc: all counsel)
(bt) [Entry date 03/13/98]
3/12/98 891 ORDER by Judge James M. Moody the Court finds that the
February 25, 1998 order is in no respect clearly erroneous
or contrary to law & pltfs' objections are overruled (cc:
all counsel) (bt) [Entry date 03/13/98]
3/12/98 892 MEMORANDUM of law by plaintiffs in opposition to motion for
partial summary judgment on pltfs' claims for damages that
they allegedly incurred before 12/7/91 [657-1] UNDER SEAL
(bt) [Entry date 03/13/98]
3/12/98 893 AFFIDAVIT of Laura A. Pfeiffer in support of memorandum of
law [892-1] (bt) [Entry date 03/13/98]
3/12/98 894 SUPPLEMENTAL AFFIDAVIT of Laura A. Pfeiffer in support of
memorandum of law [892-1] [893-1] (bt) [Entry date 03/13/98]
3/13/98 895 NOTICE by Brunswick Corp of filing submission with respect
to the handling of confidential information of the parties
at trial (kayp) [Entry date 03/16/98]
3/16/98 896 ORDER by Judge James M. Moody modifying ruling made at
3/13/98 hearing re second depositions (cc: all counsel) EOD
3/16/98 (kayp)
3/16/98 897 OBJECTIONS by pltfs to deft's proposed jury instructions
(FILED UNDER SEAL) (kayp) [Entry date 03/17/98]
3/16/98 898 OBJECTIONS by deft Brunswick Corp to pltfs' proposed jury
instructions (kayp) [Entry date 03/17/98]
3/17/98 899 RESPONSE by pltfs to motion in limine to exclude all
references to the allegations in paragraph 69(f) of the
fourth amended complaint [834-1] FILED UNDER SEAL (kayp)
3/17/98 900 CERTIFICATE OF SERVICE by pltfs of response to motion in
limine [899-1] FILED UNDER SEAL (kayp)
3/17/98 901 MEMORANDUM by pltfs in opposition to motion in limine to
preclude pltfs from raising fraudulent concealment at trial
[836-1] FILED UNDER SEAL (kayp)
Docket as of April 30, 1998 7:05 pm Page 122
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3/17/98 902 CERTIFICATE OF SERVICE by pltfs of memorandum in opposition
to deft's motion in limine [901-1] FILED UNDER SEAL (kayp)
3/17/98 903 MEMORANDUM by pltfs in opposition to motion to strike
pltfs' designations of deposition testimony [888-1] (kayp)
3/17/98 904 AFFIDAVIT of Brooks F. Poley regarding memorandum in
opposition to deft's motion to strike deposition
designations [903-1] (kayp)
3/17/98 905 MEMORANDUM by pltfs in opposition to motion in limine to
exclude all references to Brunswick's internal "transfer
pricing" [828-1] FILED UNDER SEAL (kayp)
3/17/98 906 MEMORANDUM by pltfs in opposition to motion in limine to
exclude all evidence of the parties' conduct during
discovery [832-1] FILED UNDER SEAL (kayp)
3/17/98 907 AFFIDAVIT of Brooks F. Poley regarding memorandum in
opposition to deft's motion in limine [906-1] FILED UNDER
SEAL (kayp)
3/17/98 908 RESPONSE by pltfs to motion in limine to exclude evidence
or argument that Brunswick caused Yamaha to exit the stern
drive engine manufacturing business [852-1] FILED UNDER
SEAL (kayp)
3/17/98 909 AFFIDAVIT of Paul A. Bolin regarding response to motion in
limine [908-1] FILED UNDER SEAL (kayp)
3/17/98 910 CERTIFICATE OF SERVICE by pltfs re affidavit [909-1] and
motion response [908-1] FILED UNDER SEAL (kayp)
3/17/98 911 RESPONSE by pltfs to motion in limine to exclude from the
jury phase of the trial all evidence that relates only to
pltfs' claims concerning boats and outboard engines [824-1]
FILED UNDER SEAL (kayp)
3/17/98 912 AFFIDAVIT of Steven E. Uhr regarding response to motion in
limine [911-1] FILED UNDER SEAL (kayp)
3/17/98 913 CERTIFICATE OF SERVICE by pltfs of response to motion in
limine and affidavit [912-1] [911-1] FILED UNDER SEAL (kayp)
3/17/98 914 MEMORANDUM by pltfs in opposition to motion in limine to
exclude evidence that Brunswick pressured or coerced marine
dealers to drop or refrain from selling non-pltf boat lines
[842-1] FILED UNDER SEAL (kayp)
3/17/98 915 AFFIDAVIT of Laura A. Pfeiffer regarding memorandum in
opposition to motion in limine [914-1] FILED UNDER SEAL
(kayp)
Docket as of April 30, 1998 7:05 pm Page 123
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3/17/98 916 CERTIFICATE OF SERVICE by pltfs of memorandum in opposition
to motion in limine and affidavit [914-1] [915-1] FILED
UNDER SEAL (kayp)
3/17/98 917 CONSOLIDATED memorandum by pltfs in opposition to motion in
limine re pltfs' confidential information [850-1], motion
in limine exclude evidence that former Brunswick employee
disclosed confidential independent boat builder info
[840-1] and motion in limine to exclude all evidence
concerning The Mercury Marine MAP System [838-1] FILED
UNDER SEAL (kayp)
3/17/98 918 MEMORANDUM by pltfs in opposition to motion in limine to
exclude evidence and testimony concerning opinions and
recommendations expressed by McKinsey & Co [855-1] FILED
UNDER SEAL (kayp)
3/17/98 919 AFFIDAVIT of Margaret L. Arman regarding memorandum in
opposition to motion in limine (McKinsey & Co docs) [918-1]
FILED UNDER SEAL (kayp)
3/17/98 920 AFFIDAVIT of Christopher W. Madel regarding memorandum in
opposition to motion in limine (McKinsey & Co docs) [918-1]
FILED UNDER SEAL (kayp)
3/17/98 921 MEMORANDUM by pltfs in opposition to motion in limine to
limit the testimony of Robert E. Hall, pltfs' economics
expert [859-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 922 AFFIDAVIT of Constance K. White regarding pltfs' memorandum
in opposition to deft's motion in limine [921-1] FILED
UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 923 AFFIDAVIT of K. Craig Wildfang regarding memorandum in
opposition to motion in limine [921-1] FILED UNDER SEAL
(kayp) [Entry date 03/18/98]
3/17/98 924 RESPONSE by pltfs to motion in limine re pltfs' opinion
testimony; pltfs' testimony based on hearsay; and other
testimony about which pltfs lack personal knowledge [826-1]
FILED UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 925 MEMORANDUM in response by pltfs to motion in limine to
exclude evidence of so-called price discrimination [844-1]
FILED UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 926 RESPONSE by Brunswick Corp to pltfs' motion in limine
(dissemination of confidential business information)
[756-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 927 RESPONSE by Brunswick Corp to pltfs' motion in limine
(inboard engines) [747-1] FILED UNDER SEAL (kayp)
[Entry date 03/18/98]
Docket as of April 30, 1998 7:05 pm Page 124
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3/17/98 928 BRIEF by Brunswick Corp in support of response to pltfs'
motion in limine [927-1] FILED UNDER SEAL (kayp)
[Entry date 03/18/98]
3/17/98 929 MEMORANDUM by Brunswick Corp in opposition to pltfs' motion
in limine no. 1 [750-1] FILED UNDER SEAL (kayp)
[Entry date 03/18/98]
3/17/98 930 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 3 (evidence related to Brunswick's counterclaim)
[785-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 931 TRANSCRIPT (1 volume) of hearing on motions before Judge
James Moody on 3/13/98 (kayp) [Entry date 03/18/98]
3/17/98 932 RESPONSE by Brunswick Corp to pltfs' motion in limine
(treble damages and attorneys' fees) [745-1] (kayp)
[Entry date 03/18/98]
3/17/98 933 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 13 (expert reliance on data received after date
of last written report or offering opinions) [805-1] FILED
UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 934 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 10 (use of pre-1990 info not produced to pltfs)
[799-1] FILED UNDER SEAL (kayp) [Entry date 03/18/98]
3/17/98 935 RESPONSE by Brunswick Corp to motion in limine no. 6
(collateral attack on specific instances of conduct)
[791-1] (kayp) [Entry date 03/18/98]
3/17/98 936 BRIEF by Brunswick Corp in support of response to motion in
limine no. 6 [935-1] (kayp) [Entry date 03/18/98]
3/17/98 937 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 7 (deft's Section 1 Agreement) [793-1] (kayp)
[Entry date 03/18/98]
3/17/98 938 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 8 (Anthony Romersa) [795-1] (kayp)
[Entry date 03/18/98]
3/17/98 939 RESPONSE by Brunswick Corp to motion in limine no. 9
(post-lawsuit evidence) [797-1] (kayp) [Entry date 03/18/98]
3/17/98 940 BRIEF by Brunswick Corp in support of response to motion in
limine no. 9 [939-1] (kayp) [Entry date 03/18/98]
3/17/98 941 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 5 (certainty of damages) [789-1] (kayp)
[Entry date 03/18/98]
Docket as of April 30, 1998 7:05 pm Page 125
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3/17/98 942 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 17 [813-1] (kayp) [Entry date 03/18/98]
3/17/98 943 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 18 (valid business reasons) [815-1] (kayp)
[Entry date 03/18/98]
3/17/98 944 RESPONSE by Brunswick Corp to motion in limine no. 19 (use
of info requested by pltfs but not produced) [817-1] (kayp)
[Entry date 03/18/98]
3/17/98 945 RESPONSE by Brunswick Corp to motion in limine no. 20
(duplicative testimony) [819-1] (kayp) [Entry date 03/18/98]
3/17/98 946 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 21 (not "substantial" monopoly power) [821-1]
(kayp) [Entry date 03/18/98]
3/17/98 947 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 16 (responsibilities of market power) [811-1]
(kayp) [Entry date 03/18/98]
3/17/98 948 RESPONSE by Brunswick Corp to motion in limine no. 15
(pltfs' knowledge of damages) [809-1] (kayp)
[Entry date 03/18/98]
3/17/98 949 BRIEF by Brunswick Corp in support of response to motion in
limine no. 15 [948-1] (kayp) [Entry date 03/18/98]
3/17/98 950 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 14 (inconsistent position on the product market)
[807-1] (kayp) [Entry date 03/18/98]
3/17/98 951 RESPONSE by Brunswick Corp to motion in limine no. 12
(exclude late named witnesses) [803-1] (kayp)
[Entry date 03/18/98]
3/17/98 952 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 11 (disaggregation of damages not not required)
[801-1] (kayp) [Entry date 03/18/98]
3/17/98 953 CLERK'S MINUTES: Telepsafe: Process 5889 killed
hone conference held with Magistrate
Judge Jerry W. Cavaneau regarding plaintiffs' search of
defendant's MAP system. Chris Madel - Plaintiffs and Dan
Delaney and Erik Opsahl for defendant. Court reporter -
Carolyn Fant (dj) [Entry date 03/18/98]
3/17/98 954 CLERK'S MINUTES: TELEPHONE hearing on motion to strike and
issue of Poole deposition before Judge James M. Moody.
Ctrptr. Fant. (sp) [Entry date 03/18/98]
Docket as of April 30, 1998 7:05 pm Page 126
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3/17/98 955 RESPONSE by pltfs to motion in limine to preclude pltfs
from confronting witnesses with documents that those
witnesses did not see in the ordinary course of business
[846-1] (kayp) [Entry date 03/18/98]
3/17/98 956 RESPONSE by pltfs to motion in limine to preclude pltfs
from asking a witness questions designed to result in the
invocation of the attorney-client privilege or the work
product doctrine [848-1] (kayp) [Entry date 03/18/98]
3/18/98 957 ORDER by Judge James M. Moody denying motion for summary
judgment on Count I of deft's Fifth Amended Counterclaim
[693-1] (cc: all counsel) EOD 3/18/98 FILED UNDER SEAL (kayp)
3/18/98 959 NOTICE by Brunswick Corp of filing deposition
cross-designations (kayp) [Entry date 03/19/98]
3/18/98 960 RESPONSE by pltfs to motion in limine to exclude evidence
or argument relating to other antitrust litigation [830-1]
FILED UNDER SEAL (kayp) [Entry date 03/19/98]
3/19/98 958 ORDER by Judge James M. Moody setting oral argument from
9:30 a.m. to 12:00 p.m. on two remaining dispositive
motions and from 1:00 p.m. to 5:00 p.m. on motions in
limine (cc: all counsel) (kayp)
3/19/98 961 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 2 (business acumen) [783-1] (kayp)
3/19/98 962 MEMORANDUM by Brunswick Corp in opposition to motion in
limine no. 4 (exclude passing on, pltfs' profitability and
antitrust injury) [787-1] (kayp)
3/19/98 963 NOTICE by plfs of filing Cross-Designations to deft's
initial deposition designations (kayp) [Entry date 03/20/98]
3/20/98 964 OBJECTIONS by pltfs to the deposition designations of defts
(kayp)
3/20/98 965 CERTIFICATE OF SERVICE by pltfs of objections to deft's
initial deposition designations [964-1] (kayp)
3/20/98 966 ORDER by Judge James M. Moody pursuant to 3/17/98
teleconference denying motion to strike pltfs' designations
of deposition testimony [888-1], and pursuant to the
motions hearing of 2/13/98 granting motion to supplement
record relating to its for summary judgment on pltfs'
claims for attempted monopolization of the outboard and
stern drive boat markets to include reference to pltfs'
expert [662-1] (cc: all counsel) EOD 3/20/98 (kayp)
3/20/98 967 ORDER by Judge James M. Moody directing deft to respond to
interrogs numbered 110, 175, 199 and 201 (contention
interrogs) by 3/30/98 (cc: all counsel) EOD 3/20/98 (kayp)
Docket as of April 30, 1998 7:05 pm Page 127
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3/20/98 968 ORDER by Judge James M. Moody setting agenda for the
3/26/98 motions hearing (cc: all counsel) EOD 3/20/98 (kayp)
3/20/98 969 ORDER by Judge James M. Moody denying deft's motions for
summary judgment on pltfs' claims of attempted
monopolization of outboard and stern drive boat markets
[663-1], judgment on pltfs' claim of attempted
monopolization of the outboard engine market [669-1], and
for partial summary judgment on pltfs' claim of
unreasonable restraint of trade with respect to the
outboard engine market and the outboard and stern drive
markets [666-1] (cc: all counsel) EOD 3/20/98 (kayp)
3/20/98 970 RESPONSE by Brunswick Corp pltfs' objections to Judge
Cavaneau's February order re pltfs' outboard engine
purchases [876-1] FILED UNDER SEAL (kayp)
[Entry date 03/23/98]
3/20/98 973 OBJECTIONS by Brunswick Corp to pltfs' designation of
deposition testimony (kayp) [Entry date 03/23/98]
3/23/98 971 CLERK'S MINUTES: Telephone conference held with Judge
Cavaneau regarding engine-boat cost ratio. Susan Childers
for defendant present in chambers and Brooks Poley (pltf)
and Tony Wilcox (deft) present by telephone. ERO - Donna
Jackson (dj)
3/23/98 972 RESPONSE by Brunswick Corp to pltfs' motions in limine
(dissemination of confidential business information) FILED
UNDER SEAL (kayp)
3/23/98 974 NOTICE by pltfs of filing supplemental cross-designations
(kayp)
3/23/98 974 OBJECTIONS by pltfs to deft's designations [959-1] (kayp)
3/23/98 975 AMENDED CERTIFICATE OF SERVICE by pltfs of consolidated
memorandum of law in opposition to deft's motions [918-1]
(kayp)
3/23/98 976 AMENDED CERTIFICATE OF SERVICE by pltfs of memorandum of
law in opposition to motion in limine and affidavits in
support thereof [918-1] [920-1] [919-1] (kayp)
3/23/98 977 AMENDED OBJECTIONS and cross-designations in response to
pltfs' corrected designations and pltfs' desigations and
objections for witnesses not on witness lists [974-1] (kayp)
[Entry date 03/24/98]
3/25/98 978 NOTICE by Brunswick Corp of filing deposition designations
(kayp) [Entry date 03/26/98]
3/25/98 981 NOTICE by pltfs of filing revised deposition designations
Docket as of April 30, 1998 7:05 pm Page 128
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(kayp) [Entry date 03/27/98] [Edit date 03/27/98]
3/25/98 982 SUPPLEMENTAL designations by Brunswick Corp in response to
pltf's cross-designations [963-1] (kayp)
[Entry date 03/27/98]
3/25/98 983 NOTICE by pltfs of filing supplemental deposition
designations (kayp) [Entry date 03/27/98]
3/26/98 979 ORDER by Judge James M. Moody overruling pltf's objection
to Judge Cavaneau's 2/25/98 order re pltfs' motion to
compel; pltfs' request for leave to submit a supplemental
expert report from Dr. Hall is denied [876-1] (cc: all
counsel) (kayp) [Entry date 03/27/98]
3/26/98 980 ORDER by Judge James M. Moody denying motion for partial
summary judgment on pltfs' claims for damages that they
allegedly incurred before 12/7/91 [657-1] (cc: all counsel)
(kayp) [Entry date 03/27/98]
3/26/98 984 CLERK'S MINUTES: MOTION hearing before Judge James M.
Moody. Order to follow regarding ruling on motions. Ctrptr.
Fant (sp) [Entry date 03/27/98]
3/27/98 985 OBJECTIONS by pltf to cross deposition designations of
Brunswick Corp [959-1] (kayp)
3/30/98 986 ORDER by Judge James M. Moody setting agenda for the 4/1/98
motions hearing (cc: all counsel) (kayp)
[Entry date 03/31/98]
3/30/98 987 OBJECTIONS by pltfs to cross deposition designations of
Brunswick Corp [959-1] (kayp) [Entry date 03/31/98]
3/30/98 988 MOTION by pltfs for reconsideration of court's order
denying pltfs' motion for summary judgment on Count I of
Brunswick's counterclaim FILED UNDER SEAL (kayp)
[Entry date 03/31/98]
3/30/98 989 MEMORANDUM by pltfs in support of motion for
reconsideration of court's order denying pltfs' motion for
summary judgment on Count I of Brunswick's counterclaim
[988-1] FILED UNDER SEAL (kayp) [Entry date 03/31/98]
3/30/98 990 AFFIDAVIT of K. Craig Wildfang re memorandum in support of
motion for reconsideration [989-1] FILED UNDER SEAL (kayp)
[Entry date 03/31/98]
3/30/98 991 OBJECTIONS by Brunswick Corp to pltfs' cross-designations
and to pltfs' supplemental designations [963-1] [983-1]
(kayp) [Entry date 03/31/98]
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3/31/98 992 ORDER by Judge James M. Moody granting motion in limine to
exclude evidence or argument that Brunswick caused to exit
the stern drive engine manufacturing business [852-1] (cc:
all counsel) EOD 3/31/98 (kayp)
3/31/98 993 MOTION by Brunswick Corp for reconsideration of order
denying Brunswick's motion for partial summary judgment on
pltfs' claims for damages incurred before 12/7/91 FILED
UNDER SEAL (kayp) [Entry date 04/01/98]
3/31/98 994 MEMORANDUM by Brunswick Corp in support of motion for
reconsideration of order denying Brunswick's motion for
partial summary judgment on pltfs' claims for damages
incurred before 12/7/91 [993-1] FILED UNDER SEAL (kayp)
[Entry date 04/01/98]
4/1/98 995 MOTION by plaintiff for Rule 104(a) hearing re testimony
of Dr. Charles Venus (kayp)
4/1/98 996 BRIEF by pltfs in support of motion for Rule 104(a) hearing
re testimony of Dr. Charles Venus [995-1] (kayp)
4/1/98 997 CLERK'S MINUTES: HEARING on motions before Judge James M.
Moody. Ctrptr. Fant (sp) [Entry date 04/02/98]
4/2/98 998 ORDER by Judge James M. Moody granting deft until the close
of business on 4/6/98 to respond to pltfs' motion in limine
no. 2 (business acumen) [783-1] and motion in limine no. 2
(business acumen) and motion in limine no. 4 (exclude
passing on, pltfs' profitability and antitrust injury)
[787-1]; pltfs shall have until close of business on 4/8/98
to file any desired response (cc: counsel) (kayp)
[Entry date 04/03/98]
4/3/98 999 CLERK'S MINUTES: HEARING on motions before Judge James M.
Moody. Ctrptr. Fant (sp)
4/3/98 1000 MEMORANDUM by Brunswick Corp in opposition to motion for
reconsideration of court's order denying pltfs' motion for
summary judgment on Count I of Brunswick's counterclaim
[988-1] (kayp) [Entry date 04/06/98]
4/3/98 1001 RESPONSE by Brunswick Corp to motion for Rule 104(a)
hearing re testimony of Dr. Charles Venus [995-1] (kayp)
[Entry date 04/06/98]
4/3/98 1002 BRIEF by Brunswick Corp in support of response to pltfs'
request for a rule 104(a) hearing [1001-1] (kayp)
[Entry date 04/06/98]
4/6/98 1003 RESPONSE by pltfs to motion for reconsideration of order
denying Brunswick's motion for partial summary judgment on
pltfs' claims for damages incurred before 12/7/91 [993-1]
FILED UNDER SEAL (kayp) [Entry date 04/07/98]
Docket as of April 30, 1998 7:05 pm Page 130
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
4/6/98 1004 AFFIDAVIT of Laura A. Pfeiffer re response to motion for
reconsideration [1003-1] FILED UNDER SEAL (kayp)
[Entry date 04/07/98]
4/6/98 1005 NOTICE by Brunswick Corp of filing deposition designations
(kayp) [Entry date 04/07/98]
4/6/98 1006 MOTION by Brunswick Corp to quash pltfs' trial subpoenas
(kayp) [Entry date 04/07/98]
4/6/98 1007 BRIEF by Brunswick Corp in support of motion to quash
pltfs' trial subpoenas [1006-1] (kayp) [Entry date 04/07/98]
4/7/98 1008 RESPONSE by Brunswick Corp to court's 4/2/98 order re
pltfs' motions in limine 2 and 4 [998-1] FILED UNDER SEAL
(kayp)
4/7/98 1009 ORDER by Judge James M. Moody granting motion to strike
paragraph 65 (the "transfer price" allegations) from the
fourth amended complaint [660-1] and granting motion in
limine to exclude all references to Brunswick's internal
"transfer pricing" to the extent necessary to conform to
the ruling on docket no. 660 [828-1] (cc: all counsel) EOD
4/7/98 (kayp)
4/7/98 -- CLERK'S MINUTES: TELEPHONE hearing before Judge James M.
Moody. Ctrptr. Fant. No minutes taken by CRD (sp)
4/7/98 1010 CERTIFICATE OF SERVICE by pltfs of trial brief upon counsel
for deft [34-1] (kayp) [Edit date 04/08/98]
4/7/98 1011 ORDER by Judge James M. Moody granting motion in limine to
exclude all evidence of the parties' conduct during
discovery [832-1] (cc: all counsel) EOD 4/7/98 (kayp)
[Edit date 04/08/98]
4/8/98 1012 ORDER by Judge James M. Moody granting deft's motion for
partial summary judgment as to pltfs' seventh, eighth and
ninth claims for relief [653-1] and finding defts' other
motions for partial summary judgment moot [593-1] [596-1]
[599-1] [602-1] [605-1] [608-1] [611-1] [678-1] [675-1]
[672-1] [632-1] [629-1] [626-1] [623-1] [620-1] [617-1]
[614-1] [650-1] [647-1] [644-1] [641-1] [638-1] [635-1]
(cc: all counsel) EOD 4/8/98 (kayp)
Docket as of April 30, 1998 7:05 pm Page 131
Proceedings include all events. JURY
4:95cv781 Concord Boat Corp, et al v. Brunswick Corp PROTO DISC
JWC
4/8/98 1013 ORDER by Judge James M. Moody finding the motion in limine
no. 5 (certainty of damages) moot [789-1]; granting motion
in limine to exclude evidence that Brunswick pressured or
coerced marine dealers to drop or refrain from selling
non-pltf boat lines [842-1]; denying motion in limine no. 8
(Anthony Romersa) [795-1]; granting motion in limine to
preclude pltfs from asking a witness questions designed to
result in the invocation of the attorney-client privilege
or the work product doctrine [848-1]; granting motion in to
exclude all references to the allegations in paragraph
69(f) of the fourth amended complaint [834-1]; denying
motion in limine re pltfs' opinion testimony; pltfs'
testimony based on hearsay; and other testimony about which
pltfs lack personal knowledge [826-1]; denying motion in
limine 14 (inconsistent position on the product market)
[807-1]; and denying motion in limine no. 12 (exclude late
named witnesses) [803-1] (cc: all counsel) EOD 4/8/98 (kayp)
4/8/98 1014 RESPONSE by pltfs to deft's response to court's 4/2/98
order re pltfs' motions in limine 2 & 4 [1008-1] FILED
UNDER SEAL (kayp)
4/8/98 1015 MEMORANDUM of law by pltfs in response to deft's motion to
quash pltfs' trial subpoenas [1006-1] (kayp)
[Entry date 04/09/98]
4/9/98 1016 ORDER by Judge James M. Moody regarding pltfs' request for
a clarification of the court's 4/6/98 order regarding
transfer prices (cc: all counsel) (kayp)
[Entry date 04/10/98]
4/9/98 -- CLERK'S MINUTES: HEARING on motions before Judge James M.
Moody. 2ND Day necessary to finish. Ctrptr. Hinson and
Power. (sp) [Entry date 04/10/98]
4/10/98 1017 CLERK'S MINUTES: HEARING concluded before Judge James M.
Moody. Ctrptr. Hinson and Fant. (sp)
4/10/98 1018 NOTICE by pltfs of filing cross-designations to revised
designations (FILED UNDER SEAL) (kayp)
4/13/98 1019 OBJECTIONS by pltfs to court's preliminary jury
instructions (kayp)
4/13/98 1020 ORDER by Judge James M. Moody following the April 9, 1998
hearing on re testimony of Dr. Charles Venus [995-1] (cc:
all counsel) EOD 4/13/98 (kayp)
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