Stone Brewing Co., LLC v. Molson Coors Brewing Company

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA STONE BREWING CO., LLC, Case No.: 3:18-cv-00331-BEN-MDD

Plaintiff,

ORDER ON MOTION TO EXCLUDE

v. TESTIMONY OF SCOTT WHITLEY

AND MATTERS TO BE

MILLERCOORS LLC,

DETERMINED BY THE COURT OR

Defendant. THE JURY

15 [ECF No. 504] 16 Plaintiff Stone Brewing Co., LLC (“Stone”) moves this Court to exclude testimony 17 from Mr. Scott Whitley, a former employee of Defendant MillerCoors LLC 18 (“MillerCoors”). ECF No. 504. In addition to the motion to exclude, the parties filed 19 trial briefs on issues to be determined by the Court vice issues to be determined by the 20 jury. ECF Nos. 493, 494. The Court addresses each matter below.

I. Motion to Exclude Testimony of Scott Whitley

22 In October of 2021, three weeks before trial was originally scheduled to begin, 23 MillerCoors amended its witness list to include Mr. Whitley, a member of the 24 MillerCoors’ sales team in the early 1990’s with knowledge of the marketing and sales of 25 Keystone beer. …