Free Response to Motion - District Court of Arizona - Arizona

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Stephen G. Montoya (#011791) MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

[email protected] Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Monica Ortega-Guerin, plaintiff, vs.

No. CIV 04-0289-PHX-MHM Plaintiff's Response to: (1) Defendant's Motion in Limine No. 3 regarding Damages

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City of Phoenix, Frank Favela, and Frank Peralta, defendants.

Defendants' Amended Motion in Limine No. 3 regarding Damages contends that:
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The Defendants' respectfully request this Court issue its Pretrial Order, in limine, precluding the Plaintiff from discussing any issue relating to missed work and wages pertaining to stress (i.e., back pay lost) due to her inability to quantify, prior to trial, any such claim. See Defendant's Amended Motion in Limine regarding Damages, p. 3, lines 17-21.

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First, Plaintiff concedes that she did not lose any wages as a result of
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Defendants' misconduct. Plaintiff is accordingly seeking only compensatory damages
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reflecting her pain and suffering and punitive damages against the individual
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defendants--not an award of back pay.
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Case 2:04-cv-00289-MHM

Document 47

Filed 11/21/2005

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However, Plaintiff must correct an inaccurate statement set forth in Defendants' Motion in Limine. Specifically, Defendants claim that "following Plaintiff's deposition, discovery requests were propounded, as well as Requests for Production and NonUniform Interrogatories." (Emphasis added.) This assertion is incorrect. First, Defendants' discovery requests of January 26, 2005 were propounded before Plaintiff's deposition of June 3, 2005, not "following" the deposition. Second, in response to Defendants' discovery requests, Plaintiff provided Defendants with (1) her tax returns from 2000 to 2004, and (2) her medical records from "Cigna" (Plaintiff's only health care provider) relating to the medical treatment that she sought in reference to Defendants' misconduct. Defendants' counsel also extensively examined Plaintiff on her claim for pain and suffering at her deposition of June 3, 2005, including examination regarding the time that she was required to take leave from work as a result of the harassment. (Because Plaintiff was compensated for this leave, it did not result in lost wages.) In any event, Plaintiff is not seeking damages reflecting lost wages in this case, and does not oppose Defendants' Motion in Limine regarding a claim for lost wages. Dated the 21st day of November, 2005. MONTOYA JIMENEZ A Professional Association s/ Stephen G. Montoya Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiff

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Case 2:04-cv-00289-MHM

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Filed 11/21/2005

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CERTIFICATE OF SERVICE

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I hereby certify that on November 21, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David F. Gaona Gaona Law Firm 3101 North Central Avenue, Suite 720 Phoenix, Arizona 85012 Attorney for Defendants

:
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I further certify that on November 21, 2005, the attached document was handdelivered to: The Honorable Mary H. Murguia United States District Court for the District of Arizona Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003

s/ Stephen G. Montoya

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Case 2:04-cv-00289-MHM

Document 47

Filed 11/21/2005

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