Free Motion in Limine - District Court of Arizona - Arizona

Robert M. Frisbee #018779 FRISBEE & BOSTOCK, PLC 2 1747 Morten Ave. E. Suite 108 Phoenix, Arizona 85020 3 Phone: (602) 354-3689 [email protected] 4 Attorneys for Defendant Greg Hancock
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA MERITAGE CORPORATION, a Maryland corporation Plaintiff, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

NO. CIV 04-0384-PHX-ROS

GREG HANCOCK, an individual; RICK HANCOCK, an individual; and 12 RICK HANCOCK HOMES, L.L.C., an Arizona Corporation,
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DEFENDANT GREG HANCOCK'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF LARRY CANARELLI AND ED LUBBERS

Defendants.
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Defendant Greg Hancock, by and through undersigned counsel, hereby moves the
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Court for its Order precluding the testimony of Larry Canarelli and any reference to Greg
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Hancock's California litigation with Canarelli's company, American West Homes, with
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which Hancock was engaged in a home building enterprise in California known as SoCal
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Housing.
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In its witness list, Meritage states that Ian McCarthy will appear in person and says,
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"Mr. Canarelli was Greg Hancock's partner in American West and SoCal Housing. He will
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testify about Greg Hancock's conduct at American West Housing and SoCal Housing.
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Meritage states that Ed Lubbers may appear in person and that, "Mr. Lubbers was the
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attorney for American West Homes and may testify concerning the nature of identical claims
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Case 2:04-cv-00384-ROS

Document 524

Filed 08/29/2007

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brought against Hancock in California." Typical of inaccurate statements made by Meritage and its lawyers, the SoCal matter is not even remotely "identical" to this case. There are no claims in that case that Hancock failed to perform his job properly - he didn't run SoCal - or that he failed to obtain land for SoCal or breached any provisions of an employment agreement - he had no employment agreement. Instead, the dispute involves claims that Hancock and another partner in the enterprise, Darrell Hoover1 - who actually ran the enterprise - owe American West money because of personal guarantees of American West's financing of SoCal. The case, American West Homes, Incorporated v. Socal Housing Partners, LLC, et. al., Los Angeles County Superior Court, Case No. BC 258777, has been partially tried but still has cross-motions for summary judgment on various issues scheduled for filing on October 12, 2007, responses on November 16, 2007, replies on November 30, 2007, and argument on December 12, 2007. If the motions do not dispose of the issues, further trial is scheduled for January 22, 2008. Evidence about the California case proves nothing about this one, is totally irrelevant, and even if relevant violates FRE 403, in that its probative value is substantially outweighed by the danger of prejudice, confusion of issues, misleading the jury, and a waste of time. Larry Canarelli, Ed Lubbers and the California litigation should be excluded. RESPECTFULLY SUBMITTED this 28th day of August, 2007. FRISBEE & BOSTOCK, PLC /s/ Robert M. Frisbee Robert M. Frisbee Attorney for Greg Hancock

The foregoing Motion in Limine was electronically filed and served this 23 29th day of August, 2007, and copy thereof mailed to the Honorable Judge Silver. 24 /s/ Robert M. Frisbee
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The undersigned is counsel for Darrell Hoover, and is therefore entirely familiar with the case and its issues.
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2 Case 2:04-cv-00384-ROS Document 524 Filed 08/29/2007 Page 2 of 2