Free Motion in Limine - District Court of Colorado - Colorado

Case 1:04-cv-00558-MSK-OES

Document 47

Filed 10/24/2005

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N THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO ______________________________________________________________________ Civil Action No. 04-00558-MSK-OES DEBORAH DIXON, Plaintiff, vs. DENVER HEALTH AND HOSPITAL AUTHORITY, Defendant. ________________________________________________________________________ AMENDED MOTION IN LIMINE ________________________________________________________________________ Plaintiff, by and through her attorney, Karen Larson, hereby moves the Court in limine as follows: 1. Plaintiff moves the Court to exclude any references by counsel, the parties, witnesses and through documents regarding Social Services records about Plaintiff and her family. Plaintiff and her son were the subject of a Social Services investigation over five (5) years ago. Plaintiff complained that her co-workers made hitting sounds when they were around her and that she suspects they knew about a Social Services investigation involving Plaintiff hitting her son and that the hitting sounds signified to Plaintiff the co-workers knew about that investigation. Plaintiff moves to exclude any reference to the Social Services records as irrelevant because that investigation has no bearing on Plaintiff's credibility. Such evidence is prejudicial and has no probative value because of the nature of the records and because Plaintiff has testified without contradiction that she has no personal knowledge her co-workers have or are aware of the

Case 1:04-cv-00558-MSK-OES

Document 47

Filed 10/24/2005

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contents of records. Fed. R. Evid. Rules 402, 403, and 602. 2. Plaintiff moves the Court to exclude any references by counsel, the parties,

witnesses and through documents regarding Plaintiff's education records at the Denver Public Schools. Plaintiff complained that her co-workers referred to Plaintiff's failure to graduate from high school and that she suspects they knew about her public school records. Plaintiff moves to exclude any reference to Plaintiff's school records or her suspicion her co-workers had or knew the contents of the records. Such evidence is prejudicial and has no probative value because of the nature of the records and because Plaintiff has testified without contradiction that she has no personal knowledge that the contents of her records were known to her co-workers. Fed. R. Evid. Rules 402, 403, and 602. 3. Plaintiff moves the Court to exclude any references by counsel, the parties, witnesses and through documents regarding the criminal records of any of Plaintiff's family members, particularly of a record, over ten (10) years old, of Plaintiff's son. Such references are irrelevant and prejudicial because Plaintiff's son is not going to testify. Fed. R. Evid. Rules 402, 403, and 602. 3. Plaintiff's counsel has conferred with opposing counsel, Brent Johnson, through an email sent on the afternoon of October 20, 2005 including her Motion in Limine, regarding his position on the motion. Plaintiff's counsel then telephoned Mr. Johnson's office on October 21, 2005 to confer and left a message requesting his position regarding the motion. Mr. Johnson responded by telephone message on October 24, 2005 and Defendant opposes the motion in its entirety. DATED this 24th day of October, 2005.

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Case 1:04-cv-00558-MSK-OES

Document 47

Filed 10/24/2005

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Respectfully submitted, s/Karen Larson________ Karen Larson 1120 Lincoln Street, Suite 711 Denver, CO 80203 Telephone:303-831-4404 FAX: 303-830-8843 Email: [email protected] Attorney for Plaintiff

CERTIFICATE OF MAILING I certify that on this 24th day of October, 2005 I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] s/Karen Larson________ Karen Larson 1120 Lincoln Street, Suite 711 Denver, CO 80203 Telephone:303-831-4404 FAX: 303-830-8843 Email: [email protected]

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