Free Motion in Limine - District Court of Connecticut - Connecticut

Case 3:00-cv-00052-RNC

Document 128

Filed 06/17/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. MICHAEL BREEN : : : : : : :

NO.: 3:00 CV 0052 (RNC)

MARGARET COWAN, ADMINISTRATRIX OF THE ESTATE OF VICTORIA COOPER v. NORTH BRANFORD

: : : : : : :

NO.: 3:01 CV 0229 (RNC)

JUNE 17, 2005

DEFENDANTS' MOTION IN LIMINE RE: PRE-MORTEM PHOTOGRAPHS OF DECEDENT AND OTHER EXHIBITS NOT PREVIOUSLY DISCLOSED The defendants, MICHAEL BREEN and TOWN OF NORTH BRANFORD, move in limine for an order prohibiting the introduction of evidence or testimony on the following subjects: 1. 2. 3. 4. Family photographs (plaintiff's exhibit #115) Vicki Cooper's college transcript (plaintiff's exhibit #116) Color picture at funeral (plaintiff's exhibit #117) Black and white picture at funeral (plaintiff's exhibit #118)

Case 3:00-cv-00052-RNC

Document 128

Filed 06/17/2005

Page 2 of 3

In support of this motion, the defendants offer as follows: 1. 2. 3. 4. 5. 6. 7. these exhibit were never previously disclosed; defendants are prejudiced by the late disclosure; the photographs of the funeral are irrelevant to any issue in the case; the funeral photographs, even if relevant are unfairly prejudicial; the family photographs are cumulative; the family photographs are prejudicial; certain of the family photographs are irrelevant;

Consistent with D.Conn.L.R. 7(a), the defendants have filed herewith a memorandum of law in support of this motion. WHEREFORE, the defendants, MICHAEL BREEN and TOWN OF NORTH BRANFORD, pray that their motion in limine is granted. THE DEFENDANTS, MICHAEL BREEN and TOWN OF NORTH BRANFORD ____/s/ Jeffrey E. Potter_______ Thomas R. Gerarde, ct5640 John J. Radshaw, III, ct19882 Jeffery E. Potter, ct26356 HOWD & LUDORF 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (fax)

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Case 3:00-cv-00052-RNC

Document 128

Filed 06/17/2005

Page 3 of 3

CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 17th day of June, 2005.

David N. Rosen, Esquire Rosen & Dolan, PC 400 Orange Street New Haven, CT 06511

____/s/ Jeffrey E. Potter_______ Thomas R. Gerarde John J. Radshaw, III Jeffery E. Potter

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