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RED BARN MOTORS, INC., PLATINUM MOTORS, INC., and MATTINGLY AUTO SALES, INC., Plaintiffs, v. NEXTGEAR CAPITAL, INC. f/k/a DEALER SERVICES CORPORATION, COX ENTERPRISES, INC., COX AUTOMOTIVE, INC., and JOHN WICK, Defendants.

TANYA WALTON PRATT, JUDGE United States District Court Southern District of Indiana

ORDER ON PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EXPERT TESTIMONY

This matter is before the Court on a Motion in Limine to Exclude Expert Testimony of David P. Hoffman ("Motion in Limine") filed by Plaintiffs Red Barn Motors, Inc., Platinum Motors, Inc., and Mattingly Auto Sales, Inc. (collectively, "Plaintiffs") (Filing No. 183). The Plaintiffs each executed a separate contract with Defendant NextGear Capital, Inc. ("NextGear"), whereby the Plaintiffs were provided lines of credit for financing their used car dealership operations. After the Plaintiffs discovered that they had been charged interest and fees on money that had not yet actually been loaned, they initiated this litigation, asserting claims for breach of contract, constructive fraud, and violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1961 et seq. Class certification was recently granted on the breach of contract and RICO claims (Filing No. 220).

The Plaintiffs filed their Motion in Limine, asking the Court to exclude any expert testimony from the Defendants' disclosed expert witness, David P. Hoffman ("Hoffman"), who has provided an expert report relating to damages. For the following reasons, the Plaintiffs' Motion in Limine is DENIED.

I. LEGAL STANDARD

"[J]udges have broad discretion in ruling on evidentiary questions during trial or before on motions in limine." Jenkins v. Chrysler Motors Corp., 316 F.3d 663, 664 (7th Cir. 2002). The Court excludes evidence on a motion in limine only if the evidence clearly is not admissible for any purpose. See Hawthorne Partners v. AT&T Technologies, Inc., 831 F. Supp. 1398, 1400 (N.D. Ill. 1993). Unless evidence meets this exacting standard, evidentiary rulings must be deferred until trial so questions of foundation, relevancy, and prejudice may be resolved in context. Id. at 1400-01. Moreover, denial of a motion in limine does not necessarily mean that all evidence contemplated by the motion is admissible; rather, it only means that, at the pretrial stage, the Court is unable to determine whether the evidence should be excluded. Id. at 1401.

II. DISCUSSION

Plaintiffs ask the Court to specifically exclude the testimony of Hoffman pertaining to amounts owed by Plaintiffs to NextGear. They point out that Hoffman provides his calculations "to the extent they are relevant to a counterclaim, a setoff defense, or otherwise." (Filing No. 183 at 1.) Plaintiffs assert that Defendants had not yet filed an answer, counterclaim, or defense to the Complaint, and thus, any proposed expert testimony regarding damages calculations are not yet relevant. Plaintiffs conclude their Motion in Limine by asserting, "Further, Plaintiffs reserve all rights to challenge Hoffman's testimony later in these proceedings, after Defendants have filed their answer, defenses, and any counterclaims." Id. at 2.

In response to the Motion in Limine, Defendants explain that they served their expert report from Hoffman before ever filing their answer and defenses because of the timing of the case management plan and the Court's scheduling orders as well as their motion to dismiss, which had been pending at the time of serving the expert report. Defendants assert that the Motion in Limine was premature because the relevance of Hoffman's anticipated testimony was to be measured against Defendants' answer, counterclaim, or defenses, which at the time had not yet been filed and was not yet due. They argue that setoff calculations are indeed relevant and should not be excluded at this stage.

Since filing their response to the Motion in Limine, Defendants have filed their Answer and Affirmative Defenses and have asserted a setoff defense (Filing No. 188 at 17). Therefore, Plaintiffs' argument—relevance of Hoffman's calculations in relation to any setoff defense—is now moot, and the parties can fully explore this issue.

As noted above, the Court excludes evidence on a motion in limine only if the evidence clearly is not admissible for any purpose. Such is not the case with Hoffman's proposed expert report and testimony.

III. CONCLUSION

For the foregoing reasons, the Court DENIES the Plaintiffs' Motion in Limine (Filing No. 183). An order in limine is not a final, appealable order. Evidentiary rulings regarding Hoffman's anticipated testimony are deferred until trial so that questions of foundation, relevancy, and prejudice can be resolved in context. If the parties believe that specific evidence is inadmissible during the course of the trial, counsel may raise specific objections to that evidence.

SO ORDERED.

Date: 7/2/2017

/s/_________


TANYA WALTON PRATT, JUDGE


United States District Court


Southern District of Indiana Distribution:

Ryan D. Adams


SHER GARNER CAHILL RICHTER KLEIN & HILBERT LLC


radams@shergarner.com

Jacob A. Airey


SHER GARNER CAHILL RICHTER KLEIN & HILBERT, LLC.


jairey@shergarner.com

Lisa Brener


Brener Law Firm, LLC


lbrener@brenerlawfirm.com

Matthew M. Coman


SHER GARNER CAHILL RICHTER KLEIN & HILBERT LLC


mcoman@shergarner.com

Kathleen Ann DeLaney


DELANEY & DELANEY LLC


kathleen@delaneylaw.net

Cassie E. Felder


THE CASSIE FELDER LAW FIRM


cassie@cassiefelderlaw.com

James M. Garner


SHER GARNER CAHILL RICHTER KLEIN & HILBERT, LLC


jgarner@shergarner.com

Steven D. Groth


BOSE MCKINNEY & EVANS, LLP


sgroth@boselaw.com

Gladstone N. Jones


JONES SWANSON HUDDELL & GARRISON, LLC


gjones@jonesswanson.com

David J. Jurkiewicz


BOSE MCKINNEY & EVANS, LLP


djurkiewicz@boselaw.com

Catherine E. Lasky


JONES SWANSON HUDDELL & GARRISON, LLC


Klasky@laskymurphy.com

Tracey K. Ledbetter


EVERSHEDS SUTHERLAND (US) LLP


traceyledbetter@eversheds-sutherland.com

Jason S. McCarter


EVERSHEDS SUTHERLAND (US) LLP


jason.mccarter@sutherland.com

Kerry A. Murphy


JONES, SWANSON, HUDDELL & GARRISON, LLC


KMurphy@laskymurphy.com

Lynn E. Swanson


JONES, SWANSON, HUDDELL& GARRISON, LLC


lswanson@jonesswanson.com

Paul D. Vink


BOSE MCKINNEY & EVANS, LLP


pvink@boselaw.com,clindsey@boselaw.com

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Red Barn Motors, Inc. v. Nextgear Capital, Inc.
(Jul 2, 2017)