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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 Motion in Limine regarding the Anticipated Testimony of Defendant Frank Peralta
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City of Phoenix, Frank Favela, and Frank Peralta, defendants.
Plaintiff respectfully requests the Court to preclude Defendant Frank Peralta from
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testifying that his physical and verbal sexual harassment of Ms. Monica Ortega-Guerin
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was in any way related to his alleged suffering from "post-traumatic stress syndrome."
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Because Defendant Peralta has not adduced any medical evidence in support
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of his claim that he was somehow compelled to sexually harass Ms. Ortega-Guerin
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based upon his alleged medical condition, the claim is without foundation and is
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irrelevant.
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In addition to being irrelevant, it is also highly prejudicial to Ms. Ortega-Guerin's
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case because the introduction of these allegations is nothing more than a transparent
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Case 2:04-cv-00289-MHM
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Filed 11/16/2005
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attempt by Mr. Peralta to appeal to the jury's sympathy for a veteran, namely himself. Specifically, Defendants' First Supplemental Disclosure Statement states that: Mr. Peralta is a named defendant, was a co-worker of plaintiff and is expected to testify consistent with his knowledge of the plaintiff, the co-worker relationship he and the plaintiff enjoyed, their friendship and events incurred on and off the job. Mr. Peralta may also testify with respect to his medical condition since returning from Vietnam, his diagnosis of post traumatic stress disorder, the nature of his treatment during the time that he was employed at the City of Phoenix, and his continuing treatment for his post traumatic stress disorder. Mr. Peralta's medical condition may have impacted his actions in the workplace. (Bold italics in original.) Thus, although Mr. Peralta claims that his "medical condition
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may have impacted his actions in the workplace," he has not produced any medical
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records, expert testimony, or other evidence substantiating his claim that his sexual
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harassment of Ms. Ortega-Guerin was caused by his alleged medical condition.
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Accordingly, under the circumstances, Mr. Peralta should not be allowed to
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render any testimony regarding his medical condition and its alleged causal relationship
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to his sexual harassment of Ms. Ortega-Guerin.
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Dated the 16th day of November, 2005.
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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
Case 2:04-cv-00289-MHM
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CERTIFICATE OF SERVICE
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I hereby certify that on November 16, 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 17, 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
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