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Michael Tater-Alexander v. Community Regional

March 14, 2008

MICHAEL TATER-ALEXANDER, PLAINTIFF,
v.
COMMUNITY REGIONAL MEDICAL CENTER, ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger

ORDER RE PLAINTIFF'S MOTIONS IN LIMINE

Trial Date: May 3, 2011 Time: 8:30 a.m.

Courtroom: TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

On February 18, 2011, in Courtroom 3 of the above-entitled Court, the Honorable Oliver W. Wanger, judge presiding, the Court heard Motions in Limine. Plaintiff was represented by Andrew V. Stearns, Esq., Bustamante O'Hara & Gagliasso, and M. Jeffery Kallis, Esq., The Law Firm of Kallis & Associates. Defendants Fresno Community Hospital and Medical Center and Marilyn Jo Greene were represented by Carey H. Johnson, Esq. and Celene Resong, Esq. Stammer McKnight Barnum & Bailey, LLP. Defendant Thomas E. Mansfield was represented by Daniel L.Wainwright, Esq., McCormick Barstow Sheppard Wayte & Carruth, LLP. Defendant Thomas E. Mansfield was dismissed prior to oral argument and counsel was excused by the Court.

After consideration of plaintiff's Motions in Limine, the opposition papers filed by defendants and oral argument presented at the hearing, and for good cause shown, the Court Orders 7 as follows on plaintiff's Motions in Limine:

Plaintiff's Motion in Limine No. 1 to Preclude Witnesess from Attending Trial Until After They Have Testified and Been Released by the Court.

GRANTED. The Court, however, will accept an offer of proof as to why an expert either needs to be in the courtroom or to be provided with testimony or other information developed at trial to be able to express opinions. The parties and/or a designated party agent for trial are excepted from this ruling that witnesses may not be in the courtroom during any part of the trial until they testify and there is no reasonable prospect of their being recalled to give further testimony. It shall be up to counsel to police this because the Court will not recognize the witnesses.

Plaintiff's Motion in Limine No. 2 to Require 24 Hour Advance Notice to All Parties of Intended Witness Appearances.

The Court's rule on this is 48 hours notice for witnesses and exhibits. The parties so stipulate to the Court's rule.

Plaintiff's Motion in Limine No. 3 to Preclude Evidence of Settlements or Settlement Discussions.

GRANTED as to mediation, settlement conference and settlement discussions between counsel. DENIED as to the July 29, 2008 emails attached to the Hospital's Opposition.

Plaintiff's Motion in Limine No. 4 to Preclude Evidence of Dismissed Parties and/or Claims.

Plaintiff's Motion in Limine No. 5 to Preclude Evidence of Other Claims and/or Lawsuits.

Plaintiff's Motion in Limine No. 6 to Preclude Expert Testimony Relating to Emergency Medical ...


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