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CARY OIL CO., INC. v. MG REFINING & MARKETING

United States District Court, Southern District of New York


April 24, 2003

CARY OIL CO., INC., ET AL., PLAINTIFFS, AGAINST MG REFINING & MARKETING, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: VICTOR Marrero, United States District Judge.

DECISION AND ORDER

Before the Court are seven motions in limine (the "Motions") submitted by Plaintiffs and Defendants in connection with the trial of this matter, scheduled to begin on May 5, 2003.

As discussed in the Statement of the Court Regarding Certain Motions in Limine of Plaintiffs and Defendants, dated April 24, 2003,*fn1 which is attached hereto and incorporated by reference herein, the Court denies six of the Motions and grants one Motion. Accordingly, it is hereby

ORDERED that the Plaintiffs' Motion to Compel Production of Defendants' Records with Respect to Payment of Expert Witnesses is denied; and it is further

ORDERED that the Plaintiffs' Motion to Exclude Consent Order, Reference to its Terms and Content, and Evidence of CFTC Negotiating Positions is denied; and it is further

ORDERED that the Plaintiffs' Motion to Exclude References to Religious Affiliation of MGAG's Founders is denied; and it is further

ORDERED that the Plaintiffs' Motion to Exclude Evidence and Argument on Mitigation of Damages is denied; and it is further

ORDERED that the Plaintiffs' Motion to Exclude Evidence and Argument on Waiver, Agreement to Rescind and Equitable Estoppel is granted; and it is further

ORDERED that the Plaintiffs' Motion to Exclude Evidence, Argument and Expert Opinion on Whether Plaintiffs Would Have Behaved Optimally Had the Contracts Not Been Breached is denied; and it is finally

ORDERED that the Defendants' Motion to Exclude The Proposed Expert Testimony of Alexander Triantis is denied.

SO ORDERED.


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