Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01160-LTB-CBS

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Filed 11/17/2006

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IN THE UNITED STATESDISTRICT COURT FOR THE DISTRICT OF COLORADO Civil ActionNo. 04-cv-0160-LTB-CBS 1 ISABELLE DeTKEVORKIAN. Plaintiff,
V.

LIONBRIDGE TECHNOLOGIES, INC., d/b/aLIoNBRIDGE us. INC.
Defendant.

DEFENDANT'SMOTION IN LIMINE REGARDING THE TESTIMONY OF BART CHAVEZ "Lionbridge"), Defendant LionbridgeTechnologies, (hereinafter Inc. throughits counsel, The OvertonLaw Firm, requests Orderlimiting thetrial testimony Mr. Bart Chavez, an of as follows:

1'

TheRule 26(a)(2) disclosures Mr. BartChave areattached ExhibitA. His area of z as of expertise immigration nationality is and law. fExhibitB, deposition Mr. Chavez, of p. 1 2 , l l . 5_ 1 0 1

2.

One areaof expectedtestimony from Mr. Chavezis "that the parties should have exploredoptionsfor the plaintiff in May of 2002 atthe latest," and"aclear channel of communicationshouldbe maintainedin the eventissues... arise." (Exhibit A, p. 2) Mr.

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Chavez' opinion is directed not only to Ms. Shanyn Ross, the attomey and former defendantin this case.but also to Lionbridee.

3.

Any and all testimony of Mr. Chavezrelating to a standardof care applicable to Lionbridge shouldbe precludedbasedon the following facts: with PlaintifFs negligenceclaim againstLionbridgehas beendismissed prejudice. b. Mr. Chavez freely admits he doesnot have a licenseto practice law in the Stateof Coloradoand that he is not an expertin Coloradolaw. fExhibit B, pp. 17 of deposition transcript Mr. Chavez, 11 -12,11. -25, | - 4l Mr. Chavezalso admits that"any obligationto sponsorMs. Der Kevorkian law." [ExhibitB,p.14,ll.18 -24) would arisefrom state d. that it is the responsibilityof the attorney In his deposition,Mr. Chavezstates to communicate more options. fExhibit B,p.44,11.16 -24] e. However,Ms. Der Kevorkian admitsthat shedid not believe Ms. Shanyn Rosswas acting as her attomeywhen shewas employedwith Lionbridge. Der Kevorkian,p. 35, ll. 3 - 7; p. Deposition Isabelle of fExhibit C, Second 4 30, 11. - 16;and,p. 31, ll. 15- 20) As to immigration law, Mr. Chavezadmits that there is no immigration faw or regulation that would require Lionbridge to continue with plaintiffls residentstatus. fExhibit B, p. 19, ll.7 - 12] applicationfor permanent

4.

Plaintiff did not designateany expert in her caseagainstLionbridge. Plaintiff s designationof Mr. Chavezas an expert witness was solely in support of her malpractice

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claim againstMs. Ross. All parties understoodthis, and Magistrate Judge Shaffer confirmed that the casehad beenopenedup solely to allow Ms. Ross that the new claim is not a "do-over." "to catchup," and

fExhibit D, transcriptof Hearing on April 14,

with prejudice. 2005,p. 141 Plaintiff s malpracticeclaim has sincebeendismissed

5.

Any testimony from Mr. Chavez regardingan alleged standardof care applicable to Lionbridge is outsidehis areaof expertisesinceall of Plaintiff s claims are Colorado common law claims. Anv testimonv from Mr. Chavezis thereforewithout foundation. he and must be barredbecause is not qualified to so testify. FRE 702.

6,

Also, any testimony from Mr. Chavezas to a standardof care is irrelevant without a negligenceclaim, especiallysincePlaintiff hasnot allegeda fiduciary relationship imposedby law. FRE 402 Whetherthe claim is breachof contract,promissory or estoppel, breachof fiduciary duty (CJI, 4thEd. 26:3, subpart4), the issueis what did of Lionbridge allegedlyagreeto do, and the issueis not what standard care applies.

7.

beyondthe commonknowledgeor Seekingto hold Lionbridge to somestandard experienceof an employer would also be prejudicial, and Mr. Chavez' testimony should be barredpursuantto FRE 403.

8.

Mr. Chavezshouldbe barredfrom testifying, For any andlorall of the foregoingreasons, directly or indirectly, aboutwhat a "reasonable employer" shouldhave done.

9.

to A proposedOrder is attached this Motion.

Case 1:04-cv-01160-LTB-CBS

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17, November 2006. submitted: Respectfully THE OVERTONLAW FIRM

By: DanS. Cross Street 1080Kalamath Denver, 80204 CO 303302.2737 com dan. ssfEovertonlawfiffn. cro ATTORNEYSFOR DEFENDANT

CERTIFICATE OF SERVICE copyof the a 17,2006, trueandcorrect that certifies on November Theundersigned of Courtusingthe CM/ECFsystem, filed with the Clerk Motion waselectronically foregoing U. by of notification suchfiling, andwassent first-class S. mail,postage whichwill send prepaid, the following: to Esq. JoelC. Maguire, com imasuire@dietzdavis. DietzeandDavis,P.C. Suite400 2060Broadway, CO Boulder, 80302 ls/
BernadetteLopez

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