Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hoyt A. Fleming v. Tom Coverstone

March 14, 2011

HOYT A. FLEMING,
PLAINTIFF,
v.
TOM COVERSTONE, DEFENDANT.



The opinion of the court was delivered by: Hayes, Judge

ORDER

The matters before the Court are the motions in limine filed by Plaintiff (ECF No. 153) and Defendant (ECF Nos. 154, 155).

I. Background

On November 22, 2010, Plaintiff filed one motion asserting twenty separate motions in limine in paragraphs numbering one through twenty (ECF No. 153), and Defendants filed two motions in limine (ECF Nos. 154, 155). On December 6, 2010, the parties filed their responses to the motions in limine. (ECF Nos. 157-165, 167-170, 174). On March 11, 2011, the Court heard oral argument on the motions in limine and held a final pretrial conference. This order supplements the rulings made by the Court during the March 11, 2011, hearing.

II. Discussion

A. Unopposed Motions in Limine

Plaintiff's motions in limine numbers one, three, five, seven, eight, twelve, thirteen, and twenty (ECF No. 153) seek the following:

(1) Plaintiff requests an "order instructing all counsel and witnesses that no person is to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Plaintiff previously sued Defendant for extortion and/or that the extortion claim was dismissed ...."

(3) Plaintiff requests an "order instructing all counsel and witnesses that no person is to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Plaintiff previously sued Defendant for defamation and/or that the defamation claim was dismissed ...."

(5) Plaintiff requests an "order instructing all counsel and witnesses that no person is to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Defendant sued Plaintiff for fraudulent misrepresentation and concealment and/or that the claims have been dismissed ...."

(7) Plaintiff requests an "order instructing all counsel and witnesses that no person is to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Defendant sued the law firm Park Vaughn and Fleming LLP and/or that the claims were dismissed ...."

(8) Plaintiff requests an "order instructing all counsel and witnesses that no person is to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Defendant sued Teresa Fleming and/or that the claim was dismissed ...."

(12) Plaintiff requests an "order precluding the admission of trial testimony of Plaintiff's prospective expert witness Ellen R. Peck, Esq., ..."

(13) Plaintiff requests an "order precluding the admission of trial testimony of Plaintiff's prospective expert witness Robert Mills ...."

(20) Plaintiff requests an "order instructing all counsel and witnesses that no personis to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Plaintiff filed this motion [Plaintiff's Motions in Limine (ECF No. 153)] seeking to exclude certain facts, opinions, and allegations from the jury ...." (ECF No. 153-1).

Plaintiff's motions in limine numbers one, three, five, seven, eight, twelve, thirteen, and twenty (ECF No. 153) were not opposed. Plaintiff's motions in limine numbers one, three, five, seven, eight, twelve, thirteen, and twenty (ECF No. 153) are granted.

B. Plaintiff's Motions In Limine

(2) Plaintiff requests an "order instructing all counsel and witnesses that no person is to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Defendant made threats to Plaintiff that Defendant would perform actions harmful to Plaintiff's reputation unless Plaintiff paid Defendant $10,000 ...." (ECF No. 153-1 at 6).

Defendant contends that "he made no such threats." (ECF No. 157). At oral argument on the motions in limine, Defendant's counsel stated that he did not oppose this motion in limine because his client did not make such a statement. Plaintiff's motion in limine number two is granted.

(4) Plaintiff requests an "order instructing all counsel and witnesses that no person is to mention, testify, interrogate, or attempt to convey or suggest to the jury, directly or indirectly, that Defendant published or had published statements critical of Plaintiff, including but not limited to, statements that ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.