CFM COMMUNICATIONS, LLC v. Mitts Telecasting Company

ORDER DENYING PLAINTIFF’S MOTION TO STRIKE DESIGNATION OF DEFENDANT’S EXPERT AND GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO EXCLUDE TESTIMONY OF DEFENDANT’S EXPERT AT TRIAL. (Doc.67)

On October 3, 2005, the Court heard oral argument regarding Plaintiffs Motion to Strike Designation of Defendant’s Expert and to Exclude Testimony of Defendant’s Expert at Trial. Upon due consideration of the written and oral arguments of the parties and the record herein, the Court GRANTS IN PART and DENIES IN PART the motion as set forth below.

I. Factual Background

Pappas Telecasting of the Midlands (“Pappas” or “PTM”) held the FCC license for television station KXVO(TV) Channel 15 in Omaha, Nebraska. Because current FCC regulations prohibit one owner from holding more than one license in any given area Pappas has had to employ middlemen to “own” the station. Gary Cocola held the station for Pappas from 1994 to 1999, during which time Pappas held a promissory note in its favor (the “Cocola Note”). The Cocola Note provided that the note holder could require Mr. Cocola to form a limited partnership with the note holder and that the note holder, who would be the general partner,…