Goldman v. Healthcare Management Systems, Inc., Case No. 1:05-cv-035.

• Decision Date: 05 June 2008
• Docket Number: Case No. 1:05-cv-035.
• Citation: 559 F.Supp.2d 853
• Parties: Joel GOLDMAN, Plaintiff, v. HEALTHCARE MANAGEMENT SYSTEMS, INC. and Thomas E. Givens, Defendants.
• Court: U.S. District Court — Western District of Michigan

559 F.Supp.2d 853

Joel GOLDMAN, Plaintiff, v. HEALTHCARE MANAGEMENT SYSTEMS, INC. and Thomas E. Givens, Defendants.

Case No. 1:05-cv-035.

United States District Court, W.D. Michigan, Southern Division.

June 5, 2008.

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Bradley L. Smith, James Kenneth Cleland, Brinks Hofer Gilson & Lione (MI), Bonnie R. Shaw, Brinks Hofer Gilson & Lione (Ann Arbor), Ann Arbor, MI, for Plaintiff.

Keith C. Dennen, Bone McAllester Norton PLLC, Nashville, TN, Richard A. Kay, Adam John Brody, Jon M. Bylsma, Varnum Riddering Schmidt & Howlett LLP (Grand Rapids), Grand Rapids, MI, for Defendants.

OPINION AND ORDER DENYING DEFENDANTS' MOTION (DKT. NO. 161) IN LIMINE/DAUBERT MOTION ON PLAINTIFF'S EXPERT NORMAN JACOBSON

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION (DKT. NO. 155) IN LIMINE/ DAUBERT MOTION ON PLAINTIFF'S DAMAGES, CLAIMS AND EXPERT (VINCENT A. THOMAS) REPORT AND TESTIMONY

ORDER DENYING DEFENDANTS' EMERGENCY MOTION (DKT. NO. 248) TO EXCLUDE TESTIMONY AND EVIDENCE FROM PLAINTIFF'S EXPERTS AT THE MARCH 18 THROUGH MARCH 20 DAUBERT HEARINGS

OPINION AND ORDER DENYING DEFENDANTS' MOTION (DKT. NO. 163) IN LIMINE ON GOLDMAN'S COPYRIGHT CLAIMS

ORDER DENYING IN PART DEFENDANTS' MOTION (DKT. NO. 202) FOR LEAVE TO FILE REPLY BRIEF TO PLAINTIFF'S MOTIONS IN LIMINE REGARDING COPYRIGHT CLAIMS AND MATERIALS DEPOSITED WITH THE COPYRIGHT OFFICE

OPINION AND ORDER GRANTING IN PART PLAINTIFF'S MOTION (DKT. NO. 200) IN LIMINE TO EXCLUDE EVIDENCE AND EXPERT TESTIMONY OF HMS "REWRITE" COSTS

PAUL L. MALONEY, District Judge.

Before this Court are multiple motions to exclude evidence from trial and related motions. Although this action was filed more than three years ago, the parties filed these and a number of other similar motions in the weeks just prior to the final pretrial conference, which was scheduled for February 19, 2008.

I. LEGAL FRAMEWORK

The underlying complaint alleges copyright infringement of a computer program. In order to prevail on a claim of copyright infringement, a plaintiff must show (1) ownership of a valid copyright, and (2) copying by the defendant of protected components of the copyrighted material. Feist Publ'ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361, 111 S.Ct. 1282, 113 L.Ed.2d 358 (1991); Kohus v. Mariol, 328 F.3d 848, 853 (6th Cir.2003).

A. FEDERAL RULES OF EVIDENCE

Under the Federal Rules of Evidence, all relevant evidence is admissible and evidence that is not relevant is not admissible. FED.R.EVID. 402. The rules define "relevant evidence" as any "evidence having any tendency to make the existence of any fact of consequence to the determination of the action more probable or less probable than it would be without the evidence." FED.R.EVID. 401. Evidence that is relevant may be excluded if its "probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of the evidence." FED.R.EVID. 403. The Supreme Court has remarked on several occasions that the standard for relevancy is liberal. See e.g. Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579, 587, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993). See also Churchwell v. Bluegrass Marine, Inc., 444 F.3d 898, 905 (6th Cir.2006) (noting same).

B. MOTION IN LIMINE

The Federal Rules of Evidence do not specifically contemplate the use of motions in limine, however, their use has evolved under the federal courts' inherent authority to manage trials. See Luce v. United States, 469 U.S. 38, 41 n. 4, 105 S.Ct. 460, 83 L.Ed.2d 443 (1984). See also Figgins v. Advance America Cash Advance Ctrs. of Michigan, Inc., 482 F.Supp.2d 861 (E.D.Mich.2007) (explaining that such motions find some basis for authority under Rule 103(c), which provides that jury proceedings should be conducted "so as to prevent inadmissible evidence from being suggested."). The purpose of a motion in limine is to allow a court to rule on evidentiary issues in advance of trial in order to avoid delay and ensure an evenhanded and expeditious trial and to focus the issues the jury will consider. United States v. Brawner, 173 F.3d 966, 970 (6th Cir.1999) (holding federal rules of evidence, civil procedure and criminal procedure and interpretive rulings of the Supreme Court all encourage parties to use pretrial procedures, such as motions in limine, to narrow the issues and minimize disruptions at trial); Jonasson v. Lutheran Child and Family Servs., 115 F.3d 436, 440 (7th Cir.1997). The decision to grant or deny a motion in limine is within a trial court's discretion. United States v. Certain Land Situated in the City of Detroit, 547 F.Supp. 680, 681 (E.D.Mich.1982). Such motions serve important gatekeeping functions by allowing the trial judge to eliminate from consideration evidence that should not be presented to the jury because it would not be admissible for any purpose. Jonasson, 115 F.3d at 440.

C. DAUBERT MOTION

The admission or exclusion of expert testimony is within the broad discretion of the trial court. Kumho Tire Co. v Carmichael, 526 U.S. 137, 152, 119 S.Ct. 1167, 143 L.Ed.2d 238 (1999), Barnes v. Kerr Corp., 418 F.3d 583, 588 (6th Cir. 2005). Federal Rule of Evidence 702 governs the admissibility of expert testimony. The rule provides

If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

FED.R.EVID. 702. As amended, the rule reflects the United States Supreme Court's decisions in Daubert and Kumho. Johnson v. Manitowoc Boom Trucks, Inc., 484 F.3d 426 (6th Cir.2007). In Daubert, the Supreme Court charged trial courts with the task of "gatekeeping" to protect juries from being exposed to misleading or unreliable scientific testimony. 509 U.S. at 592-593, 597, 113 S.Ct. 2786. Kumho clarified the gatekeeper role applied to all expert testimony, not just testimony based in science. 526 U.S. at 147, 119 S.Ct. 1167.

As gatekeeper, a trial judge should ensure that expert testimony is both relevant and reliable. Kumho, 526 U.S. at 147, 119 S.Ct. 1167 (quoting Daubert, 509 U.S. at 589, 113 S.Ct. 2786). Initially, the witness should be qualified as an expert by reference to his or her knowledge, skill, experience, training, or education. Pride v. BIC Corp., 218 F.3d 566, 577 (6th Cir.2000). The requirement that testimony be relevant stems from the portion of Rule 702 which demands the testimony "assist the trier of fact to understand the evidence or to determine a fact in issue." Daubert, 509 U.S. at 591, 113 S.Ct. 2786. The relevancy inquiry is often described as ensuring there is a "fit" between the testimony and the issue to be resolved by the trial. Id.; Greenwell v. Boatwright, 184 F.3d 492, 496 (6th Cir. 1999) (citing United States v. Bonds, 12 F.3d 540, 555 (6th Cir.1993)).

The reliability requirement focuses on the methodologies and principles which form the basis of the expert's testimony. Greenwell, 184 F.3d at 497 (citing Bonds, 12 F.3d at 556). The Supreme Court grounded the reliability requirement in the opening phrase of Rule 702, "scientific, technical, or other specialized knowledge." Daubert, 509 U.S. at 589-590, 113 S.Ct. 2786. "In order to qualify as `scientific knowledge,' an inference or assertion must be derived by the scientific method. Proposed testimony must be supported by appropriate validation-i.e., `good grounds,' based on what is known." Id. at 590, 113 S.Ct. 2786. There is no single criterion for determining whether a specific methodology is reliable. Pride, 218 F.3d at 577. In Daubert, the Supreme Court provided a non-exhaustive list of factors which may inform a trial judge's decision. Those factors include (1) whether the theory or technique can be or has been tested, (2) whether the theory has been subjected to peer review and publication, (3) whether there is any known rate of error or standards controlling the technique's operation, and (4) whether the theory or technique enjoys general acceptance within the relevant community. Daubert, 509 U.S. at 592-594, 113 S.Ct. 2786.

In Kumho, the Supreme Court clarified the test for reliability should be flexible. 526 U.S. at 150, 119 S.Ct. 1167. The factors listed in Daubert are not a definitive checklist and the reliability inquiry must be tied to the facts of a particular case, the nature of the issue, the expert's particular area of expertise, and the subject of his or her testimony. Id. "The focus, of course, must be solely on the principles and methodology, not on the conclusions that [the experts] generate." Daubert, 509 U.S. at 595, 113 S.Ct. 2786; Bonds, 12 F.3d at 556 (holding that by defining reliability in terms of scientific validity, the Supreme Court instructs trial courts to focus on the validity of the principles and methodologies underlying the testimony and not to be concerned with the reliability of the conclusions generated by valid methods, principles and reasoning). However, where the conclusions offered by the expert are not supported by the data upon which the expert relies, a trial court need not admit the expert's testimony. GE v. Joiner, 522 U.S. 136, 146, 118 S.Ct. 512, 139 L.Ed.2d 508 (1997) (explaining that Daubert does not require a court to "admit opinion evidence that is connected to existing data only by the ipse dixit of an expert" and citing Turpin v. Merrell Dow Pharm., Inc., 959 F.2d 1349, 1360 (6th Cir.1992)).

Under Rule 702, a trial court must determine...