Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 141

Filed 06/16/2006

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

04-cv-1067-REB-CBS

WILLIAM R. CADORNA, Plaintiff, v. THE CITY AND COUNTY OF DENVER, COLORADO, a Municipal Corporation, Defendant.

MOTION IN LIMINE BY PLAINTIFF

Plaintiff William R C d ra( lni ) . a on " a t "hereby moves in limine that this Court P if f order that Defendant be barred from mentioning, or attempting to introduce through any means whatever (including, without limitation, through questioning, volunteering through witnesses, or documentary exhibits) any reference of any kind to any matter that D fn a t i n t x li i ni a teb s fr lni'tr n t no J n ay , ee d n d o e pcl d t s h a i o Pa t s emi i n a u r 2 d it e f y y s if f ao 2 0 o tes b e u n rfs l fh Cv S ri C mmi i ( S "H ai O fe 0 3 rh u s q e teu a o te il ev e o s o " C ) e r g fc r i c sn C n i ( O ) r SC to reinstate or otherwise grant Plaintiff full relief for the period after his " "o C H age and service retirement. In conjunction with the foreclosure of any such testimony or introduction of such evidence, Plaintiff specifically requests exclusion of Defendant ' s Exhibtis 88, 90, 91, 92, 93, 94, 136, 137, 138, 139, 140, 141, 142, 143, 144, and that

1

Case 1:04-cv-01067-MSK-CBS

Document 141

Filed 06/16/2006

Page 2 of 4

testimony concerning the matters related therein be barred. As grounds for this Motion, Plaintiff states: 1. The only issues before the HO and the CSC were whether Plai i' nf ts f

termination for alleged shoplifting on January 2, 2003 could be sustained considering the evidence, and whether Plaintiff should be reinstated and awarded full back pay for the entire period after his termination. 2. In this action, Plaintiff alleges that he was terminated because of his age

and as part of a plot to deprive him of his liberty and property interest in his job, career, and reputation by fabricating a criminal case against him for shoplifting, maliciously prosecuting him to gain an advantage in his civil appeal of his termination. He further alleges that the HO and CSC refused to reinstate him or otherwise grant him full relief because of his age, in retaliation for his claims under the ADA and ADEA, and in a calculated effort to deprive him of his property and liberty interest in his job, career, and reputation by fabricating false grounds for refusing to restore his property and liberty despite his unlawful termination. 3. In a blatant effort to prejudice this Court and the jury against Plaintiff for

reasons unrelated to the facts at issue in this case, Defendant has offered numerous exhibits, including Exhibits 88, 90, 91, 92, 93, 94, 136, 137, 138, 139, 140, 141, 142, 143, and 144 that relate to domestic matters or driving incidents that are completely irrelevant to the matters at issue in this case, and must therefore be excluded under Fed.R.Evid. 402. None of these incidents was ever identified by Defendant as grounds fr lnis emi t n Pa t rc i da9 -hour suspension for reporting to work o Pa t 'tr n i . lni e e e if f ao if f v 6

2

Case 1:04-cv-01067-MSK-CBS

Document 141

Filed 06/16/2006

Page 3 of 4

at DIA after his license had been suspended, and did not pursue an appeal of that suspension to hearing. The domestic matter referred to in Exhibits 136 through 144 was never the subject of any disciplinary action by the DFD, and did not play a role in Pa t 'tr n t n lnis emi i . if f ao 4. Even assuming arguendo that such documents or testimony were relevant

in some as yet undisclosed way, any such probative value would be substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or waste of time, and should be excluded under Fed.R.Evid. 403. 5. Moreover, such character evidence meets none of the requirements for

the use of character evidence or prior statements set forth in Fed.R.Evid. 404, 405, 410, 608, 609, or 613. 6. Even assuming arguendo that such documents or testimony were relevant

in some as yet undisclosed way, any such probative value would be substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay or waste of time, and should be excluded under Fed.R.Evid. 403.. 7. In compliance with D.C. COLO.LCivR. 7.1(A), the undersigned certifies

that he has consulted numerous times with opposing counsel concerning the subject of this motion. WHEREFORE, good cause having been shown, Plaintiff respectfully requests that this honorable Court order that Defendant be barred from mentioning, or attempting

3

Case 1:04-cv-01067-MSK-CBS

Document 141

Filed 06/16/2006

Page 4 of 4

to introduce through any means whatever (including, without limitation, through questioning, volunteering through witnesses, or documentary exhibits) any reference of a y i t a y t rh t ee d n d n t x li i ni a teb s fr lni' n k d o n mat ta D fn a t i o e pcl d t s h a i o Pa t s n e d it e f y y s if f termination on January 2, 2003 or the subsequent refusal of the Civil Service C mmi i ( S "H ai O fe ( O ) r S t ri tt o oh r i ga t o s o " C ) e r g f r" "o C C o e s e r tews rn sn C n i c H na e Plaintiff full relief for the period after his age and service retirement, and that, in conjunction with the foreclosure of any such testimony or introduction of such evidence, D fn a t E h i 8 , 0 9 , 2 9 , 4 1 6 1 7 1 8 1 9 1 0 1 1 1 2 1 3 ee d n' x it 8 9 , 1 9 , 3 9 , 3 , 3 , 3 , 3 , 4 , 4 , 4 , 4 , s bs 144 be stricken, and that testimony concerning the matters related therein be barred. DATED this 16th day of June, 2006. Respectfully submitted, /S/

Mark E. Brennan

Mark E. Brennan, P.C. P.O. Box 2556 Centennial, CO. 80161-2556 (303) 552-9394 (office) (303) 797-7687 (cell) [email protected] Attorney for Plaintiff CERTIFICATE OF SERVICE The undersigned hereby certifies that, on this 16th day of June, 2006, he served a copy of the foregoing Motion in limine on the following person(s) via electronic mail: Jack Wesoky, Esq. Chris Lujan, Esq. 210 W. Colfax, Dept 1108 Denver, CO. 80202 S/

Mark E. Brennan

4