Icmfg & Assocs., Inc. v. Bare Bd. Grp., Inc. (In re Icmfg & Assocs., Inc.)
Icmfg & Assocs., Inc. v. Bare Bd. Grp., Inc. (In re Icmfg & Assocs., Inc.)
Opinion of the Court
The Bare Board Group, which distributes printed circuit boards, seeks to recover $ 3.1 million in lost profits from two former directors (Tom Coghlan and Bonnie del Grosso), as well as a competing printed circuit board distributor they helped set up. Bare Board contends Coghlan and del Grosso caused the lost profits *782by transferring relationships they had with Bare Board customers to the new entity. Based on the evidence presented at trial, however, the Court is not persuaded that a prudent impartial person would be satisfied that Coghlan and del Grosso caused Bare Board's lost profits. And even if it had proved causation, Bare Board still failed to prove there was a reasonable "yardstick" for adequately determining the amount of lost profits. Because its lost profits claim is speculative and conjectural, Bare Board is not entitled to recover its lost profits.
FINDINGS OF FACT
Bare Board is a typical printed circuit board distributor. Printed circuit boards, or PCBs, are the foundation for nearly all electronic equipment.
PCB distributors typically buy boards from suppliers-often located in Asia-and then resell them to customers at a markup.
PCB distributors generally don't have contracts with their customers.
In 2002, Greg Papandrew founded Bare Board. Previously, Papandrew worked at Universal Sales, another PCB distributor, along with Tom Coghlan and Bonnie del Grosso. When Papandrew founded Bare Board, he convinced Coghlan and del Grosso to join him. Papandrew gave Coghlan and del Grosso each a one percent interest in the company, and eventually the two became directors.
*783Coghlan was initially hired to handle inside sales for Bare Board, but he quickly became the company's operations manager. Still, he retained some sales responsibilities. Del Grosso was nominally Bare Board's sales manager, although in reality Papandrew was in charge of sales. Like most PCB distributors, Bare Board also relied on outsides sales representatives to sell its boards, including Jay Helms and Carl Moehring.
In 2009, Mike Doyle, who had worked in the PCB industry for more than 30 years, decided to create a new PCB distributor: ICMfg & Associates (the "Debtor").
Coghlan advised Doyle that it would take around $ 100,000 to fund the new entity. Coghlan agreed to invest $ 30,000 toward the start-up costs.
In addition to helping fund the Debtor's start-up costs, Coghlan and del Grosso, while still working for Bare Board, helped with the new company's operations: Coghlan and del Grosso opened the company's bank account,
In 2010 and 2011, the Debtor sold a little more than $ 1.5 million in printed circuit boards to eleven customers who had done business with Bare Board. One of those customers was Static Control, which had been one of Coghlan's customers when he was at Bare Board. While still working for Bare Board, Coghlan helped the Debtor *784get business from Static Control. Static Control accounted for almost half the Debtor's sales in 2010 and 2011.
In January 2012, Coghlan and del Grosso resigned from Bare Board and went to work for the Debtor. Since 2012, the Debtor has sold more than $ 24 million in printed circuit boards to forty-two customers who had at some point done business with Bare Board.
Bare Board now seeks to recover those lost profits from Coghlan, del Grosso, Doyle, and the Debtor. Bare Board originally sued Coghlan and del Grosso for breach of fiduciary duty and fraud; the Debtor and Doyle for aiding and abetting Coghlan and del Grosso's breach of fiduciary duty; and all them for civil conspiracy and violation of Florida's Deceptive and Unfair Trade Practices Act. Bare Board's claims all hinged on its allegation that Coghlan and del Grosso, while serving as Bare Board directors, diverted Bare Board customers to the Debtor.
The state court entered a default against Coghlan, del Grosso, Doyle, and the Debtor as a sanction for discovery violations. Because the default established liability for breach of fiduciary duty, fraud, aiding and abetting, civil conspiracy, and FDUTPA violations, the parties went to trial only on damages. At trial, Bare Board sought (among other damages) more than $ 3 million in lost profits from customers who were diverted to the Debtor.
The state court awarded Bare Board $ 3.9 million in lost profits for the diverted customers. The state court also required Coghlan and del Grosso to disgorge more than $ 1.4 million in salaries and bonuses. And it imposed $ 100,000 in punitive damages against each Coghlan and del Grosso. On appeal, the Second District Court of Appeal reversed the lost profit award and remanded the case back to state court.
In the meantime, the Debtor filed for bankruptcy. The Debtor then removed the state court case to this Court. This Court held a four-day trial on lost profits. At trial, Bare Board offered the expert testimony of Steven Oscher, who opined that Bare Board was entitled to nearly $ 3.1 million in lost profits. According to Mr. Oscher, Coghlan and del Grosso caused Bare Board's lost profits by improperly transferring their relationships with Bare Board customers to the Debtor. The Court must now decide the amount of lost profits, if any, that Bare Board is entitled to.
CONCLUSIONS OF LAW
The starting point for this Court's lost profits analysis is the Second District Court of Appeal's decision. The Second DCA reversed the trial court's lost profits award because the trial court erroneously concluded that the default as to liability established causation.
In other words, even though Bare Board obtained a default as to liability, it was still "obligated to prove some connexity between the damages claimed and the defendant's tortious conduct."
Lost profits must be proven with a reasonable degree of certainty before the loss is recoverable. The mind of a prudent impartial person should be satisfied that the damages are not the result of speculation or conjecture.33
Bare Board need not show that the Defendants' tortious conduct was the sole cause of its lost profits. But it must show, at a minimum, that the Defendants' conduct was a "substantial factor" in causing the lost profits.
Bare Board failed to prove causation with a reasonable degree of certainty.
To meet its burden on causation, Bare Board again offered Mr. Oscher as its lost profits expert. And Mr. Oscher's opinion at trial was essentially the same as he offered in state court. In fact, Mr. Oscher's lost profits calculation did not change as a result of the Second DCA's ruling:
Q: Okay. So let me just summarize. As a result of the Second DCA opinion, there's not one change to the calculations of the damages arising from the taken group, correct?
A: There is not a change; that's correct, sir.36
To determine Bare Board's lost profits, Mr. Oscher reviewed a list of customers that the Debtor sold printed circuit boards to between 2010 and 2017.
Although Mr. Oscher is certainly qualified by his knowledge, skill, experience, training, and education to give opinion testimony, *786the Court did not find his testimony on causation at all persuasive. For starters, Mr. Oscher failed to link most of the lost profits to any wrongful conduct by the Defendants. Moreover, Mr. Oscher's opinion that Coghlan and del Grosso transferred their customer relationships to the Debtor is largely ipse dixit :
Mr. Oscher failed to link the $ 3.1 million in lost profits to the Defendants' wrongful conduct.
The Second DCA was unequivocal that there must be a causal connection between Bare Board's lost profits and the Defendants' tortious conduct.
But of the forty-two customers the Debtor sold printed circuit boards to, only eleven bought from the Debtor while Coghlan and del Grosso were stilled employed by Bare Board.
Under Florida law, there is nothing wrong with a former director using knowledge gained during his employment to compete with his former employer after severing his relationship with his former employer.
In fact, Bare Board concedes as much. In its proposed findings of fact and conclusions of law, Bare Board concedes that Doyle could have created the Debtor and that Coghlan and del Grosso could have resigned and joined him.
If Coghlan and del Grosso transferred any relationships at all during that period, it would have only been for eleven customers. According to Mr. Oscher's analysis, the lost profits from the sales to those eleven customers in 2010 and 2011, the period when Coghlan and del Grosso were still working for Bare Board, was $ 176,877.
In fairness, there is some evidence that Coghlan arguably "transferred his relationships" with two Bare Board customers who didn't start buying from the Debtor until after Coghlan left Bare Board. Specifically, Coghlan helped the Debtor bid on work for TE Connectivity ("Tyco") and General Microcircuits in 2011.
Even if you add the $ 300,000 or so in lost profits from those sales to the lost profits from the other eleven customers, that is still only $ 1.7 million in lost profits that can conceivably be linked to the Defendants' wrongful conduct. So even under Bare Board's best-case scenario, Mr. Oscher failed to link about $ 1.4 million-of the $ 3.1 million in lost profits-to the Defendants' wrongful conduct.
Mr. Oscher's opinion was not based on facts and data.
The threshold requirement for the admissibility of opinion testimony under Rule 702-once it's established that a witness is qualified and that the expert testimony will help the trier of fact understand the evidence or determine a factual dispute-is threefold: First, the testimony must be based on sufficient facts or data. Second, the testimony must be the product of reliable principles and methods. Third, the expert must have reliably applied the principles and methods to the facts of the *788case.
Yet that is, for the most part, all we have here. Mr. Oscher's lost profits analysis is primarily predicated on his opinion that Coghlan and del Grosso transferred their relationships with Bare Board customers to the Debtor. What facts or data support his opinion that Coghlan or del Grosso had relationships with any of the forty-two Bare Board customers at issue?
There was some evidence that Coghlan had relationships with five Bare Board customers: Static Control, Pacific Insight, Universal Electronics, Precision Graphics, and a fifth customer Coghlan couldn't recall.
And what about evidence showing that any of those thirty-five customers later did business with the Debtor because of their supposed relationship with Coghlan and del Grosso? There is none. Mr. Oscher simply assumed that was the case and then set out to determine if any other reason for doing business with the Debtor outweighed the importance of the customers' relationships with Coghlan and del Grosso.
It is worth noting on this point that it's not clear what investigation Mr. Oscher performed in reaching that assumption. During his direct examination, Mr. Oscher testified he investigated the allegations against the Defendants.
[Bare Board's] expert conceded that-in reliance on counsel's instructions-he made no investigation of the facts to determine the existence of a link between the [Defendants'] conduct and the claimed lost profits. At the very least, the expert's disregard of the issue of causation renders his conclusions about [Bare Board's] lost profits suspect.63
For the same reason, this Court too finds Mr. Oscher's opinion suspect. Mr. *789Oscher has suggested that he really did investigate causation but that he just didn't testify about it during the state court trial. That seemingly contradicts the Second DCA's description of his testimony. But even assuming the Second DCA mischaracterized his testimony, which seems unlikely, this Court still is not persuaded Mr. Oscher meaningfully investigated whether Coghlan and del Grosso had relationships with any of the forty-two customers included in his analysis, whether those relationships had any impact on the decisions of those forty-two customers to do business with the Debtor, and whether those relationships would have outweighed other factors such as price, quality, and lead times.
Mr. Oscher's opinion on causation simply was not credible.
To be sure, Mr. Oscher's failure to link the $ 3.1 million in lost profits to the Defendants' wrongful conduct is damning. So too is his failure to base his opinion on specific facts and data. But even accepting that Mr. Oscher based his opinion on specific facts and linked all $ 3.1 million in lost profits to wrongful conduct, Mr. Oscher's opinion still wasn't persuasive for another, more fundamental reason: It simply wasn't credible.
In Mr. Oscher's view, the primary reason customers chose to do business with the Debtor was because of their relationship with Coghlan and del Grosso.
Perhaps the best example is Prime Technologies. Measured by total amount of lost profits, Prime Technologies was the largest customer on Mr. Oscher's list at $ 639,783 in lost profits (on more than $ 4.7 million in sales).
But in any event, Mr. Haefner testified that neither he nor anyone else from Prime Technologies-which accounts for more than twenty percent of Bare Board's lost profits claim-had any knowledge of Coghlan before meeting him in 2012 when he was an employee of the Debtor.
Another customer, S & Y Industries, testified that although it is still doing business with Bare Board, it is doing much less because of pricing.
*790Industries' Vice President, testified that his company routinely seeks quotes from multiple PCB distributors.
S & Y Industries took the business it was giving to Bare Board and gave it to a company called E-TekNet-not the Debtor.
S & Y industries does do business with the Debtor. Mr. Faust said S & Y Industries started buying boards from the Debtor because the Debtor could meet its price point.
A third customer-Salem Technologies-confirmed that Mr. Coghlan had nothing to do with the reason it stopped buying printed circuit boards from Bare Board. Salem Technologies had been buying printed circuit boards from Bare Board in 2009 for a big project it had been working on.
Not only did the evidence at trial belie Mr. Oscher's opinion, but there was scant evidence to support it. No one testified, for instance, that the relationship with the inside sales person at a PCB distributor is the primary reason for doing business with the PCB distributor. More important, none of the forty-two customers on Mr. Oscher's list testified that they started doing business with the Debtor because of their relationship with Coghlan and del Grosso.
That is not to say that Bare Board was required to put on proof that all forty-two *791customers did business with the Debtor because of Coghlan and del Gross. In its written closing, Bare Board argues that the Eleventh Circuit's decision in Nebula Glass International, Inc. v. Reichhold, Inc. stands for the proposition that a plaintiff can rely on circumstantial evidence to prove lost profits and need not put on evidence for each customer.
In Nebula , the plaintiff (Glasslam) manufactured an impact-resistant laminated glass product called Safety Plus 1 using resin supplied by the defendant (Reichhold).
Glasslam also offered evidence at trial that its sales had skyrocketed after Safety Plus 1 hit the market, only to plummet to almost zero after word spread about the defective resin.
On appeal, the Eleventh Circuit upheld the lost profits award.
Glasslam's case for future profits rests on the inferences that one may reasonably draw from direct evidence that some customers refrained from buying Safety Plus I after the defects became known , coupled with the demonstrable fact that its profits were trending sharply upward for the three years before resin problems surfaced, and plunged sharply at precisely the time when the defects became known in the relevant community.94
Here, unlike in Nebula , there was no direct evidence that Coghlan or del Grosso transferred their customer relationships to the Debtor. No customer, for instance, testified that it started doing business with the Debtor, even in part, because Coghlan or del Grosso had moved over to the new company. And there is little to no evidence that Bare Board's customers generally knew that Coghlan and del Grosso had any involvement with the Debtor. The closest Bare Board came to presenting direct evidence of causation were various e-mail exchanges in which it is clear Coghlan (sometimes under a pseudonym) is involved in bidding work for Static Control and Tyco on behalf of both Bare Board and the Debtor.
To be clear, those e-mails are direct evidence that Coghlan breached his fiduciary duty. But liability has already been established. So the Court takes for granted *792that Coghlan breached his fiduciary duty. The question is whether those email exchanges are direct evidence that Coghlan's breach caused Bare Board to lose business it would have otherwise gotten.
To say Mr. Oscher's testimony on that point was underwhelming would be an understatement:
Q: Okay. And how were Mr. Coghlan and Ms. Del Grosso involved in sales to Static Control?
A: They had a relationship, as I understood it, using their connections with Static Control, and sales were made.
* * * * * * * * *
Q: What did you understand that happened regarding [Bare Board's] consignment program with Tyco?
A: Whatever the program that existed, it was transferred over to [the Debtor].
Q: And is that based on your review of the documents?
A: Yes, ma'am.
Q: And from what documents did you conclude that the consignment program was transferred from [Bare Board] to [the Debtor].
A: Well, there had been some emails that I'd been shown, where they were talking about that transfer.
Q: How was Mr. Coghlan involved in the transfer of the business from [Bare Board] to [the Debtor]?
A: Mr. Coghlan was, for all intents and purposes, the key individual with regards to the relationship with these customers and the relationship with the sales people.
* * * * * * * * *
Q: Okay. And how did-explain this e-mail for the Court.
A: It's an email where there was a cancellation of sales that I understood had previously been made by [Bare Board] that were subsequently transferred to [the Debtor].
Q: And how was Mr. Coghlan involved in the transfer of the purchase orders from [Bare Board] to [the Debtor].
A: I think he'd been in the background.
Q: Did you review documents showing that he was involved in the transfer of the purchase order.
A: I think there were emails that were making reference to his involvement early on.95
Nowhere does Mr. Oscher point to any specific thing Coghlan did that caused Bare Board to lose business.
It is evident from his testimony that Mr. Oscher simply inferred Coghlan and del Grosso caused Bare Board to lose business with Static Control, Tyco, and General Microcircuits. Initially, he inferred that Bare Board would have gotten the business from those customers because it had supplied those customers with boards in the past. Then he inferred that the primary reason those customers bought printed circuit boards from the Debtor was because of Coghlan since (1) Coghlan was involved in quoting the business; and (2) the customers ultimately placed orders with the Debtor. While that is circumstantial evidence of causation, it certainly is not the type of direct evidence that supported the lost profit award in Nebula .
This case also differs from Nebula in another meaningful respect. In Nebula , the direct evidence of causation was coupled with circumstantial evidence that Glasslam's profits had skyrocketed after its Safety Plus 1 product hit the market, only to plummet after word spread about *793the defective resin.
Of the forty-two customers included in Mr. Oscher's lost profits, seventeen customers either had no noticeable change in their sales or actually increased their sales with Bare Board after the Debtor began competing.
Another example is Syncro Corporation. Although the Debtor started competing in 2010, Syncro didn't buy printed boards from the Debtor until 2012, after Coghlan left Bare Board. And then it bought just under $ 7,500 in printed circuit boards.
There was evidence that the amount of sales Bare Board did with some customers dropped dramatically after the Debtor started doing business. But in some cases, that had nothing to do with the Debtor. For instance, Bare Board's sales to Pacific Insight averaged around $ 1.2 million per year from 2008 to 2012, only to drop to less than $ 1 million in total over the next four years.
But in the case of Static Control, there was another explanation for Bare Board losing sales: pricing. Jay Helms, a Bare Board outside sales representative, testified several of his customers, including Static Control, were having trouble with Bare Board's pricing.
Is it possible Coghlan took advantage of Static Control's pricing concerns? Sure. What if Coghlan artificially kept Bare Board's pricing high, intending all along to bid on behalf of the Debtor? Or what if Coghlan knew Bare Board's pricing was too high to be competitive, but he decided not to make any effort to see if the company could somehow lower its quote to keep the business because he knew the Debtor was bidding, too? In either case, that would be direct evidence of causation. Absent direct evidence (or more compelling circumstantial evidence), it's mere speculation or conjecture that the Defendants caused Bare Board to lose Static Control's business.
The same is true of Tyco. Bare Board makes much of this lucrative consignment program that the Debtor ended up with. Bare Board says that Coghlan rejected an opportunity to do the consignment program with Tyco.
Is it possible Coghlan torpedoed the proposed consignment agreement for Bare Board by arbitrarily rejecting proposed contract provisions knowing the Debtor would propose a consignment relationship? It's possible, although there's no evidence that was the case. It's also possible his comments to the proposed contract were perfectly reasonable. Once again, it's mere speculation or conjecture.
In the end, that's what Bare Board's causation argument boils down to: mere speculation or conjecture. In Nebula , the Eleventh Circuit held that direct evidence of two customers refusing to do business with Glasslam because of the defendant's wrongful conduct, coupled with circumstantial evidence of declining sales, was sufficient to sustain a lost profits award in that case. But that doesn't mean that evidence will be sufficient in every case. In this case, the Court concludes that whatever direct evidence there was (if there was any at all), coupled with the circumstantial evidence, was not sufficient to satisfy the mind of a prudent impartial person that the damages are not the result of speculation or conjecture.
Bare Board failed to prove a reasonable yardstick for adequately measuring lost profits.
Even if Bare Board had proved causation, the Court would still decline to award lost profits. It is true that Bare Board need not prove its lost profits with precision. "[U]ncertainty as to the precise amount of lost profits will not defeat recovery so long as there is a reasonable *795yardstick by which to estimate the damages."
Bare Board failed to prove a reasonable yardstick for two reasons. First, although Mr. Oscher claimed to have applied the "before and after" method, in actuality Bare Board seeks disgorgement. Disgorgement is not an appropriate yardstick in this case. Second, Mr. Oscher failed to provide a fixed standard for measuring lost profits. So Bare Board would not be entitled to lost profits even if it could prove causation.
Disgorgement is not an appropriate yardstick.
Mr. Oscher claims he used the "before and after" method for calculating Bare Board's lost profits.
He didn't compare Bare Board's record of profits before Coghlan and del Grosso diverted business to the Debtor with the record of profits after business was diverted. Rather, he simply looked to see which customers the Debtor sold to. If any of those customers previously did business with Bare Board, then Mr. Oscher ascribed all profits from sales to that customer to Bare Board.
To prove the point, the main case Bare Board cites as providing a yardstick for determining lost profits is the Northern District of California's decision two years ago in AngioScore, Inc. v. TriReme Medical, Inc.
First, unlike AngioScore , this isn't a corporate opportunity case. Had Bare Board limited its damages claims to Static Control and Tyco, the corporate opportunity analogy would be more apt. But surely Bare Board doesn't contend that every one of its customers-including eight who hadn't even bought printed circuit boards in the two years before the Debtor was *796formed and a ninth who only bought $ 999 in printed circuit boards-is a corporate opportunity. Second, the Second DCA has instructed this Court that any lost profits award must be "commensurate with what is fair and just and limited to the actual damages sustained"
Mr. Oscher's lost profits period is not a fixed standard of measurement.
Even if the AngioScore analogy applied, the Court would still reject Mr. Oscher's opinion. Mr. Oscher opted to measure Bare Board's lost profits over a seven-year period.
That's not a yardstick-it's a retractable tape measure that Mr. Oscher can extend as far as he deems convenient. While Mr. Oscher only extended the lost profits tape measure seven years in this case, there was no testimony why that's a reasonable period. In fact, it's patently unreasonable under Bare Board's theory of the case.
Bare Board's corporate representative testified that the average customer did business with Bare Board for seven years.
So why isn't the loss period five years? After all, Bare Board could not have expected to do business with a particular customer beyond the seven-year average relationship. And at least two years had already passed. The answer is simple: the loss period is arbitrary. Had trial been pushed off another year, Mr. Oscher would have extended his loss period to eight years. An arbitrary loss period that can be extended at the expert's whim is not a reasonable yardstick for adequately determining lost profits.
Conclusion
Bare Board has already recovered compensatory and punitive damages. Coghlan and del Grosso have each had to disgorge more than $ 1.4 million in salary and benefits for the time they were serving two masters. They were also assessed $ 100,000 in punitive damages each. But Bare Board has failed to prove it is entitled to any lost profits.
Bare Board put on circumstantial evidence that the Defendants caused its lost profits. That evidence, however, simply was not sufficient to satisfy a reasonably *797prudent and impartial person that the $ 3.1 million lost profits were not speculative or conjectural. Because Bare Board failed to meet its burden, it is not entitled to recover any lost profits.
The Court will enter a separate judgment consistent with these Findings of Fact and Conclusions of Law. In the meantime, these Findings of Fact and Conclusions of Law shall be a non-final order.
Attorney Susan Sharp is directed to serve a copy of these Findings of Fact and Conclusions of Law on interested parties who are non-CM/ECF users and file a proof of service within 3 days of entry of these Findings of Fact and Conclusions of Law.
ORDERED.
10/23/17 Trial Tr., p. 61, ll. 21-24.
Id. at p. 61, l. 25-p. 62, l. 6.
10/24/17 Trial Tr., p. 186, ll. 17-20; p. 187, l. 24-p. 188, l. 1.
Id. at p. 187, ll. 12-19.
Debtor's Ex. 94, p. 31, ll. 12-14; p. 32, ll. 7-12.
10/23/17 Trial Tr., p. 70, ll. 1-3; 10/24/17 Trial Tr., p. 151, ll. 12-17.
Debtor's Ex. 94, p. 34, ll. 3-9; Debtor's Ex. 52, p. 154, ll. 9-11; p. 160, ll. 6-10; Debtor's Ex. 57, p. 90, ll. 20-25.
10/23/17 Trial Tr., p. 94, ll. 16-18.
10/24/17 Trial Tr., p. 193, ll. 3-18; p. 193, l. 24-p. 194, l. 6; p. 196, ll. 5-10; 10/25/17 Trial Tr., p. 16, l. 20-p. 18, l. 24; p. 31, l. 17-p. 32, l. 6; p. 87, ll. 10-20.
10/24/17 Trial Tr., p. 193, l. 3-18; p. 193, l. 24-p. 194, l. 6; p. 196, 5-10.
10/25/17 Trial Tr., p. 18, ll. 1-4; p. 89, ll. 2-9.
Id. at p. 16, l. 20-p. 18, l. 24; p. 31, l. 17-p. 32, l. 6.
Bare Board Ex. 127, p. 9-p. 160, l. 1.
10/23/17 Trial Tr., p. 68, l. 20-p. 69, l. 9. Bare Board also has an inside sales team. Once Bare Board lands the customer, the customer is serviced by the inside sales representatives. Id. at p. 69, ll. 15-22. But if there are future sales opportunities, the outside sales representatives are supposed to be the first line of communication. Id. at p. 69, ll. 15-22.
10/24/17 Trial Tr., p. 181, l. 24-p. 184, l. 8.
Bare Board Ex. 123, p. 62, ll. 1-12; Bare Board Ex. 133, p. 164, ll. 5-8.
Bare Board Ex. 119, p. 31, ll. 4-8; p. 59, ll. 4-10; p. 64, l. 4-p. 65, l. 7; Bare Board Ex. 131, p. 122, ll. 22-24; Bare Board Ex. 132, p. 156, ll. 9-13; Bare Board Ex. 123, p. 62, ll. 1-12; Bare Board Ex. 133, p. 165, ll. 6-14; Bare Board Ex. 119, p. 68, ll. 13-18; p. 84, l. 15-p. 85, l. 11.
Bare Board Ex. 131, p. 119, l. 16-p. 121, l. 3; Bare Board Ex. 123, p. 61, l. 16-p. 62, l. 12; p. 104, l. 24-p. 105, l. 17.
Bare Board Ex. 131, p. 119, l. 16-p. 121, l. 3; Bare Board Ex. 123, p. 61, l. 16-p. 62, l. 12; p. 104, l. 24-p. 105, l. 17.
Bare Board Ex. 131, p. 119, l. 16-p. 121, l. 3; Bare Board Ex. 123, p. 61, l. 16-p. 62, l. 12; p. 104, l. 24-p. 105, l. 17.
Bare Board Ex. 132, p. 151, l. 18-p. 152, l. 1; Bare Board Ex. 131, p. 130, ll. 3-6; Bare Board Ex. 14.
Bare Board Ex. 122, p. 78, ll. 1-11; p. 80, ll. 4-15; Bare Board Ex. 131, p. 129, ll. 19-22.
Bare Board Ex. 132, p. 155, ll. 16-24; Bare Board Ex. 131, p. 135, ll. 6-11; p. 135, ll. 17-23.
Bare Board Ex. 132, p. 152, l. 2-p. 153, l. 4.
Bare Board Exs. 87, 90 & 92.
Bare Board Ex. 87.
ICMfg & Associates, Inc. v. Bare Board Group, Inc. ,
ICMfg & Associates ,
Arizona Chem. Co., LLC v. Mohawk Indus., Inc. ,
Nebula Glass Int'l, Inc. v. Reichhold, Inc. ,
10/24/17 Trial Tr., p. 44, ll. 9-14.
10/23/17 Trial Tr., p. 150, l. 25-p. 152, l. 11.
Id. at p. 150, l. 25-p. 152, l. 11; p. 155, ll. 7-10.
Id. at p. 150, l. 25-p. 152, l. 11; Bare Board Ex. 87.
"Ipse dixit" is Latin for "he himself said it." Black's Law Dictionary 833 (7th ed. 1999). The term is used to refer to "[s]omething asserted but not proved." Id. In Kumho Tire Co., Ltd. v. Carmichael ,
ICMfg & Associates, Inc. v. Bare Board Group, Inc. ,
10/23/17 Trial Tr., p. 155, ll. 15-22.
Bare Board Ex. 87; Debtor's Ex. 1.
Renpak, Inc. v. Oppenheimer ,
Adv. Doc. No. 108 at 2.
Bare Board Ex. 87.
Exs. 24, 44, 46, 47, 51, 52, 58, 59, 61, 62, 68, 70 & 73; Bare Board Ex. 127, p. 141, ll. 16-21; p. 143, ll. 16-20; p. 143, l. 24-p. 144, l. 1; p. 144, l. 23-p. 146, l. 14; p. 147, ll. 12-22.
Bare Board Ex. 87.
In re J.C. Householder Land Trust # 1 ,
Bare Board Ex. 119, p. 20, l. 15-p. 21, l. 11.
Exs. 24, 44, 46, 47, 51, 52, 58, 59, 61, 62, 68, 70 & 73.
10/24/17 Trial Tr., p. 66, l. 14-p. 67, l. 8.
10/23/17 Trial Tr., p. 149, l. 22-p. 150, l. 2; p. 155, l. 23-p. 156, l. 11.
10/24/17 Trial Tr., p. 36, l. 19-p. 38, l. 5.
ICMfg & Associates, Inc. v. Bare Board Group, Inc. ,
10/23/17 Trial Tr., p. 155, ll. 15-22; 10/24/17 Trial Tr., p. 14, ll. 4-11; p. 16, ll. 13-25; p. 66, l. 11-p. 67, l. 8; p. 106, ll. 17-25.
10/24/17 Trial Tr., p. 134, l. 16-p. 135, l. 6.
Bare Board Ex. 87; 10/24/17 Trial Tr., p. 61, l. 18-p. 62, l. 25.
10/25/17 Trial Tr., p. 39, l. 10-p. 41, l. 3.
Bare Board Ex. 90.
10/25/17 Trial Tr., p. 41, l. 7-p. 44, l. 12.
Id. at p. 23, l. 16-p. 24, l. 5; Bare Board Ex. 98.
10/25/17 Trial Tr., p. 16, l. 20-p. 18, l. 24.
Id. at p. 18, ll. 1-4.
Id. at p. 23, l. 16-p. 24, l. 5; Bare Board Ex. 98.
10/25/17 Trial Tr., p. 27, l. 1-p. 28, l. 10.
Id. at p. 27, l. 23-p. 28, l. 10.
Id. at p. 27, ll. 1-5.
Id. at p. 29, ll. 14-24.
Id. at p. 19, ll. 14-20; Bare Board Ex. 98.
10/25/17 Trial Tr., p. 89, ll. 10-17.
Id. at p. 89, ll. 18-25; p. 92, ll. 12-14.
Id. at p. 103, l. 2-p. 104, l. 8.
Id. at p. 104, ll. 9-24.
Id. at p. 90, l. 17-p. 91, l. 21; p. 95, ll. 4-14; p. 97, ll. 3-5.
Doc. No. 108 at 9 (citing Nebula Glass Int'l, Inc. v. Reichhold, Inc. ,
Nebula Glass ,
10/23/17 Trial Tr., p. 157, ll. 18-21; p. 161, ll. 4-18; p. 161, l. 24-p. 162, l. 9.
Bare Board Ex. 90.
Bare Board Ex. 127, p. 15, l. 14-p. 18, l. 22.
Bare Board Ex. 18; Bare Board Ex. 127, p. 136, ll. 5-25; Bare Board Ex. 119, p. 166, l. 11-p. 167, l. 6.
Bare Board Ex. 18.
Bare Board Ex. 127, p. 136, ll. 5-25.
Nebula Glass Int'l, Inc. v. Reichhold, Inc. ,
10/23/17 Trial Tr., p. 154, ll. 12-15.
Pleasant Valley Biofuels, LLC v. Sanchez-Medina ,
Lehrman v. Gulf Oil Corp. ,
10/23/17 Trial Tr., p. 150, l. 25-p. 152, l. 11; p. 155, ll. 7-10.
Id. at * 2-3.
Id. at *3.
Id. at *32.
ICMfg & Associates, Inc. v. Bare Board Group, Inc. ,
AngioScore ,
10/24/17 Trial Tr., p. 12, ll. 4-19.
10/23/17 Trial Tr., p. 71, l. 16-p. 72, l. 1.
10/24/17 Trial Tr., p. 52, l. 16-p. 54, ll. 8-14.
10/23/17 Trial Tr., p. 71, l. 16-p. 72, l. 1.
Exs. 87 & 90.
Reference
- Full Case Name
- IN RE: ICMFG & ASSOCIATES, INC., Debtor. ICMfg & Associates, Inc. v. The Bare Board Group, Inc., Defendant/Removed Counter-Plaintiff v. ICMfg & Associates, Inc., Michael Doyle, Thomas Coghlan, and Bonnie del Grosso, Plaintiffs/Removed Counter-Defendants.
- Cited By
- 2 cases
- Status
- Published