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Jadwin v. County of Kern

May 19, 2009

DAVID F. JADWIN, D.O., PLAINTIFF,
v.
COUNTY OF KERN, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Oliver W. Wanger U.S. District Judge

ORDER GRANTING PLAINTIFF'S MOTIONS IN LIMINE 1-17. Complaint Filed: January 5, 2007 Trial Date: May 12, 2009

Plaintiff's Consolidated Motions in limine 1-17 were heard by the Court at 12:00 p.m. on May 8, 2009. Based on the papers and oral arguments presented at the hearing, the Court made the following rulings:

1. Plaintiff's Motion to Exclude Non-Party Witnesses From the Courtroom

Plaintiff motion in limine for an order excluding all witnesses from the courtroom, other than Plaintiff and a single designated representative of Defendant County of Kern ("Defendant County"), until they have been dismissed as a witness is granted. F.R.E. Rule 615.

2. Motion to Exclude Evidence and Contentions Not Disclosed During Discovery

Plaintiff motion in limine for an order excluding introduction of any evidence or contention not disclosed during discovery in this action, including, but not limited to, a poster entitled "Peter's Rules" is granted. F.R.C.P. 37.

3. Motion to Exclude Any Reference to Defendant's Medical Examination as "Independent"

Plaintiff 's motion in limine for an order excluding any reference to Dr. Burchuk as an "INDEPENDENT MEDICAL DOCTOR" or Dr. Burchuk's examination of Plaintiff as an "INDEPENDENT MEDICAL EXAMINATION" or "INDEPENDENT MEDICAL EVALUATION" and to Dr. Burchuk's report as an "INDEPENDENT MEDICAL REPORT", or any other terminology that implies that the Rule 35 mental examination of Plaintiff conducted by Defendants' Rule 35 examiners (Robert Burchuk, M.D. and David Allen) was of an "independent" nature is granted.

Defendant, counsel, and its witnesses are admonished not to introduce any such evidence in any form, and not to suggest, comment directly or indirectly upon, or refer to any such evidence in any way before the jury. [Fed. R. Evid. 401-402; Fed. R. Evid. 403]

4. Motion to Limit Expert Testimony to Disclosed Theories and Opinions

Plaintiff 's motion in limine for an order limiting the testimony of experts only to those theories and opinions stated at their respective depositions or final reports is granted. Fed. R. Civ. Proc., Rule 37(c)(1).

Further, Defendant, its counsel, and lay witnesses are admonished to avoid eliciting or introducing lay opinion evidence in any way before the jury. Fed. R. Evid., Rule 701.

5. Speculative Information In The Form Of Opinions Upon Which Any of Defendant's Expert Witnesses Relies In Forming His Opinions

Plaintiff's motion in limine for an order precluding Defendant, its counsel, and any expert witnesses shall from referring to, interrogating about, commenting on, arguing or relying upon or in any other manner attempting to introduce into evidence in any way, any allegations, documents, or written or oral testimony or any reference or inference to speculative information in the form of opinions upon which the expert witness relies in forming his or her expert opinions.

Plaintiff anticipates that Defendant's experts will offer opinions based on allegations contained in Defendant's Answer, on opinions of non-experts regarding Plaintiff's competence as a pathologist and Chair of Pathology, and on the gossip that pervaded the workplace at KMC.

Plaintiff further requests this court to directing defense counsel to caution, warn, and instruct witnesses not to make any reference to such evidence, and to follow this same order.

6. Motion to Exclude Evidence of Collateral Sources

Plaintiff's motion in limine for an order precluding Defendant, its counsel, and any expert witnesses shall from referring to, interrogating about, commenting on, arguing or relying upon or in any other manner attempting to introduce into evidence in any way, any allegations, documents, or written or oral testimony or any reference or inference to payments by a collateral source is granted. [Fed. R. Evid. 401-402; Fed. R. Evid. 403]

The court orders defense counsel to caution, warn, and instruct witnesses not to make any reference to such ...


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