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Siano v. Sacramento County Dep't of Parks and Recreation

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 9, 2009

JANET LORRAINE SIANO, PLAINTIFF,
v.
SACRAMENTO COUNTY DEPARTMENT OF PARKS AND RECREATION; TOM HOFSOMMER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS RANGER FOR THE SACRAMENTO COUNTY DEPARTMENT OF PARKS AND RECREATION; C. KEMP, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS RANGER FOR THE SACRAMENTO COUNTY DEPARTMENT OF PARKS AND RECREATION; AND KATHLEEN UTLEY, INDIVIDUALLY AND IN HER OFFICIAL CAPACITY AS RANGER FOR THE SACRAMENTO COUNTY DEPARTMENT OF PARKS AND RECREATION, DEFENDANTS.*FN1

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

ORDER

Defendants filed a motion in limine on November 2, 2009, in which they seek to preclude the testimony of Plaintiff's witness Roger Andriola. Defendants argue this proposed witness's testimony is inadmissible under Federal Rules of Evidence 402, 403 and 404(b). Plaintiff countered in a filing on November 6, 2009 that Andriola's proposed testimony is admissible under Federal Rule of Evidence 406.

Since Plaintiff has not shown Andriola's proposed testimony is admissible under Rule 406, Defendants motion to exclude this testimony is granted. See Final Pretrial Order filed October 27, 2009 at 2 ("Failure to state a basis for admissibility or non-admissibility of disputed evidence constitutes a waiver or abandonment of that basis.").

Defendants also filed a motion in limine on November 4, 2009, in which they seek to preclude expert witness medical testimony since Plaintiff failed to satisfy Federal Rule of Civil Procedure 26(a)(2)(A)'s expert witness disclosure requirements. Plaintiff has not opposed the motion. Therefore, the motion is granted.


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