UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA / FRESNO DIVISION
October 12, 2010
LEONARD MARELLA, PLAINTIFF,
OFFICER ANTHONY HERNANDEZ; ET AL. DEFENDANTS.
The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
ORDER ON DEFENDANTS' MOTIONS IN LIMINE DATE: October 8, 2010 TIME: 12 p.m. COURTROOM: #3
The Court, having considered all documentary evidence failed in support of and in response to Defendants' Motions in Limine, hereby orders as follows:
DEFENDANTS' MOTION IN LIMINE NO. 1: EXCLUSION OF ALL WITNESSES NOT PREVIOUSLY DISCLOSED IN DISCLOSURES PURSUANT TO F.R.C.P. 26 OR IN DISCOVERY RESPONSES GRANTED with the proviso that plaintiff be allowed to add Barbara Adams as a witness if he provides her for a deposition to defense counsel during the week of October 11, 2010.
DEFENDANTS' MOTION IN LIMINE NO. 2: EXCLUSION OF ANY EXPERT TESTIMONY OFFERED BY THE PLAINTIFF GRANTED as to expert witness Thome but DENIED as to expert witness White as his declaration is found to be in substantial compliance with Rule 26.However, expert witness White is limited to the subject matter of his declaration.
DEFENDANTS' MOTION IN LIMINE NO. 3: EXCLUSION OF ANY TESTIMONY OF ANY WITNESS WHO COULD NOT BE LOCATED FOR DEPOSITION GRANTED in part with the proviso that before witnesses Barbara Adams, Connie Taylor, and Xavier Zamora testify at trial they be made available for deposition to defense counsel during the week of October 11, 2010.
DEFENDANTS' MOTION IN LIMINE NO. 4: EXCLUSION OF NONPARTY WITNESSES FROM THE COURT ROOM GRANTED
DEFENDANTS' MOTION IN LIMINE NO. 5: EXCLUSION OF ANY GOLDEN RULE ARGUMENT GRANTED
DEFENDANTS' MOTION IN LIMINE NO. 6: EXCLUSION TO ANY ARGUMENT OR EVIDENCE CONCERNING SETTLEMENT NEGOTIATIONS GRANTED
DEFENDANTS' MOTION IN LIMINE NO. 7: EXCLUSION OF ANY REFERENCE, ARGUMENT, OR EVIDENCE PERTAINING TO INSURANCE OR INDEMNIFICATION GRANTED
DEFENDANTS' MOTION IN LIMINE NO. 8: NO MENTION OF WILLIAM RECTOR, THE CITY OF BAKERSFIELD, OR THE BAKERSFIELD POLICE DEPARTMENT AS A PRIOR PARTY GRANTED
IT IS SO ORDERED.
© 1992-2010 VersusLaw Inc.