Free Motion in Limine - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

Rosval A. Patterson, SBN 018872 Patterson & Associates, P.L.L.C. 777 East Thomas Road, Suite 210 Phoenix, Arizona 85014 Tel.: (602) 462-1004 E-mail: [email protected] Attorney for the Plaintiff

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) ) ) Case No.: CIV 04-429 PHX MHM

Alexander Jung, Plaintiff, vs. John E. Potter, Postmaster General , Defendant.

PLAINTIFF'S MOTION IN LIMINE RE PREJUDICIAL AND CHARACTER EVIDENCE

Plaintiff, Alexander Jung, submits this Motion in Limine respectfully requesting that this Court preclude any testimony, evidence, argument or instruction from Defendant based on Plaintiff's character. This motion is supported by the following Memorandum of Points and Authorities.

MEMORANDUM OF POINTS AND AUTHORITIES
21 22 23 24 25

Plaintiff anticipates that Defendant may attempt to present evidence or testimony regarding Plaintiff's letters of warning or suspensions which are unrelated to Plaintiff's ADA claim. Plaintiff believes this may be an issue as Defendant has already made statements to this Court in there Summary Judgment Motion and Mark Camper's

1

Case 2:04-cv-00429-MHM

Document 91

Filed 03/02/2007

Page 1 of 3

1 2

affidavit. Furthermore, any testimony or evidence regarding this issue is inadmissible pursuant to Fed.R.Evid. 403 on the ground that the purported relevance of such evidence is outweighed by the unfair prejudice to Plaintiff, which will result from admission of

3 4 5 6 7 8 9

such evidence at trial, and on the ground that such evidence will produce confusion, needless delay and expense in the conduct of the trial in this matter. Plaintiff will be forced into a mini trial on the validity of the letter of warning or suspension just as he did in his summary judgment response. Additionally, Plaintiff hereby moves the Court for an order, pursuant to Federal Rules of Evidence 402, excluding from the evidence at trial in this action, and prohibiting any statement before the jury with respect to Letters of Warning or Suspensions on the ground that the proposed evidence is not relevant to any material issue in this action, in

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

that the proposed testimony has no tendency to make the existence of any fact that is of consequence to the determination of this action more probable or less probable than it would be without the proposed evidence relating to Letters of Warning or Suspensions. Plaintiff respectfully requests that this Court enter an order precluding any testimony, evidence, argument or instruction from Defendant regarding Plaintiff's letter of warning or suspension or any other conduct. Dated this 2nd day of March, 2007

s/Rosval A. Patterson Rosval A. Patterson 777 E. Thomas Rd. #210 Phoenix, AZ 85014 Attorney for the Plaintiff

2

Case 2:04-cv-00429-MHM

Document 91

Filed 03/02/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

CERTIFICATE OF SERVICE I hereby certify that on the 2nd of March, 2007, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF Systems for filing and transmittal of a Notice of Electronic Filing for the following CM/ECF registrants: [email protected]

By: s/Stephanie Coulter Stephanie Coulter

3

Case 2:04-cv-00429-MHM

Document 91

Filed 03/02/2007

Page 3 of 3