From the preliminary statement:
"Plaintiff Campmor, Inc. (“Campmor”) submits this memorandum of law in support of its motion for an order, pursuant to Federal Rules of Evidence 401, 402 and 403, excluding from trial all testimony or other proof concerning the date of the filing and service of Campmor’s initial pleading.
"The need to make such a motion may strike the Court as odd; it is. Campmor has nothing to hide in connection with the matter of when it filed its complaint and when it served process on Brulant, LLC, a subsidiary of Rosetta LLC (“Rosetta”).
"Rosetta’s Counterclaim broaches this topic by repeatedly interposing the dates of various events that took place between the time Campmor filed its initial complaint in Bergen County Superior Court on July 30, 2009 and October 20, 2009, when an amended complaint was served on Rosetta. (Counterclaim ¶¶ 152-156.) These allegations smolder with righteous-seeming anger, but generate only heat, not light – for they are never connected, legally or factually, with Yet these procedural matters have nothing to do with the claims in defenses in this case. Why, then, are they an issue? Because, having little in the way of substantive defenses to Campmor’s claims and owning an unenviable counterclaim in this matter, Rosetta intends to seize on this non-issue to distract, confuse and prejudice the jury – to spin a tale for jurors concerning the arcane civil procedure topic of service of process in which Campmor is the supposed villain. Because the subject of when issue was joined in this case is both irrelevant and, as Rosetta intends to broach it, prejudicial, Rosetta should be prohibited from proffering such proof and making such an argument."
The court agreed.
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