Campmor, Inc. v. Brulant, LLC

Memorandum of Law in Opposition to Second Daubert Motion to Exclude Testimony of SEO Expert

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From the Preliminary Statement:

"Nearly two years ago, Brulant, LLC (“Rosetta”) sought to preclude the testimony of Brian Cooper (Campmor’s SEO expert) through a motion in limine. As the Court recalls, the relief sought by Rosetta was not granted; the Court directed Mr. Cooper to issue a supplemental report detailing and expanding on his conclusions as to how Rosetta failed to follow SEO fundamentals. The Court invited Rosetta to renew its motion if, in its view, Mr. Cooper had failed to properly supplement his conclusions. Mr. Cooper prepared a supplemental report; he filed it with the Court; and since that time until the making of this motion, Rosetta kept silent.

"Now Rosetta makes two new arguments seeking exclusion of Mr. Cooper’s damaging testimony. Neither of them involves the only issue the Court left open on the matter of Mr. Cooper’s exclusion noted above. Once again, Rosetta has interpreted the permit in the pretrial scheduling order for motions in limine as an opportunity to relitigate issues it has already lost in this case. (“Rosetta”) sought to preclude the testimony of Brian Cooper (Campmor’s SEO expert) through a motion in limine. As the Court recalls, the relief sought by Rosetta was not granted; the Court directed Mr. Cooper to issue a supplemental report detailing and expanding on his conclusions as to how Rosetta failed to follow SEO fundamentals. The Court invited Rosetta to renew its motion if, in its view, Mr. Cooper had failed to properly supplement his conclusions. Mr. Cooper prepared a supplemental report; he filed it with the Court; and since that time until the making of this motion, Rosetta kept silent.

"SEO is a field in which Rosetta had, as the record in this case demonstrates, little or no competence. Yet Rosetta presented Campmor best-of-class SEO as a core component to its multi-million-dollar proposal to upgrade Campmor’s e-commerce website. The disaster that followed is in part the subject of this lawsuit. Therefore, the last thing Rosetta wants in this case, given that it can do little about facts demonstrating its incompetence at implementing SEO on Campmor’s website, is impartial testimony to that effect from an expert with years of experience and expertise in this nascent field. Faced with a devastating record concerning Rosetta’s ineptitude and dishonesty in connection with its non-implementation of SEO on the Campmor project, it is natural that Rosetta would seek to exclude Mr. Cooper’s report and anticipated testimony."

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Published In: Business Torts Updates, Civil Procedure Updates, Civil Remedies Updates, Science, Computers & Technology Updates

Reference Info:Legal Memoranda: Pre-Trial Motions | Federal, 3rd Circuit, New Jersey | United States