Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01070-PSF-PAC

Document 64

Filed 07/06/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-F 1070 (PAC) DANNIE W. JOHNSON and MARTHA D. JOHNSON Plaintiffs, v. OVERRIGHT TRUCKING, INC., a New Mexico Corporation, and ROSS A. REED, Defendants. PLAINTIFFS' OMNIBUS MOTION IN LIMINE AND SUPPORTING AUTHORITIES Plaintiffs, by and through their undersigned Counsel, for their Omnibus Motion in Limine re: Exclusion of certain testimony, together with supporting authorities submit same to the Court as follows: CERTIFICATE OF CONFERRAL WITH OPPOSING COUNSEL Pursuant to D.C. Colo. L Civ R 7.1, the undersigned counsel certify that they have conferred unsuccessfully with opposing counsel to resolve the dispute raised herein and the within Motion was filed thereafter. MOTION IN LIMINE RE: OMNIBUS MOTION IN LIMINE A. Defense counsel be instructed not to tender, read from, refer to or display in the present or sigh t of the jury any ex parte statement, record, report or document of any person not then and there present in Court to testify and be cross examined by Counsel for the Plaintiffs. Fed. R. Evid. 802. Re: Plaintiffs' right to cross examine. B. Defense counsel be instructed not to make prejudicial statements or may any mention

Case 1:04-cv-01070-PSF-PAC

Document 64

Filed 07/06/2005

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of facts not in evidence. [Fed. R. Civ. P. 16 and Rule 26, and Pre-Trial Order] C. Defense Counsel be instructed not to make any prejudicial statements or make any mention of facts not in evidence. [Fed. R. Civ. P. 16, Rule 26, and Pre-Trial Order] D. Prior to and before informing the jury as to its existence and tender into evidence by the Defendants, should the Defendants or Defense Counsel wish to refer to, mention or introduce into evidence any document, writing, photograph, motion picture, videotape, tangible evidence or thing not previously disclosed to Plaintiffs in discovery or otherwise specifically addressed by the Pre-trial Order, the Defendants and Defense counsel must refrain from doing so until that same shall be tendered into the Court and opposing counsel, outside the presence of the jury, and shown or exhibited to determine its relevance and suitability for introduction into evidence. [Pre-Trial Order, Fed. R. Civ. P. 16 and Rule 26] E. Defense Counsel shall not request that the members of the jury should place themselves in the place of, or shoes or stead of the Defendants. [Bray v. Kloberdans 531 P.2d 395 (Colo. App. 1974) f. Defense Counsel shall not be allowed to withdraw the Defendants' Affirmative Defenses at trial. [Pre-Trial Order; Order re: Protective Order] g. In the event Defense counsel be allowed to withdraw the Defendants' Affirmative Defenses at trial, the Plaintiffs be allowed to seek punitive damages. [Pre-Trial Order, Order re: Protective Order] [ WHEREFORE, on the basis of justice and equity and the foregoing law, the

undersigned prays the Court grant the Plaintiffs Omnibus Motion in Limine.

Case 1:04-cv-01070-PSF-PAC

Document 64

Filed 07/06/2005

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Respectfully submitted this 1st day of July, 2005 by: MCDANIEL BATY MILLER AGRO WALES & ROBBINS LLC \s\ original signature on file Michael W. Baty, Esq. #14804 (Colo.) 1040 Main Ave. P.O. Box 1157 Durango, CO 81301 (970) 247-1113 PHILLIPS & GRAHAM \s\ original signature on file Randolph H. Phillips, Esq. #576575 (GA) 609 Pine Ave P.O. Box 2303 Albany, Georgia 31702 (229) 435-4452

CERTIFICATE OF SERVICE The undersigned certifies that on the 6th day of July, 2005, a true and correct copy of the foregoing Omnibus Motion In Limine was electronically filed with the Clerk of Court suing the CM/ECF system which will send notification of such filing to the following e-mail addresses: Mr. Brad Hardman, Esq. Mr. Ted Bills, Esq. Wittman & McCord fax#: 719/590-9899 UMB Bank Building 5825 Delmonico Drive, Suite 320 Colorado Springs, CO 80919 [email protected] \s\ original signature on file Michael W. Baty