Free Motion in Limine - District Court of Arizona - Arizona

1 2 3 4 5

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

6

IN THE UNITED STATES DISTRICT COURT
7

FOR THE DISTRICT OF ARIZONA
8 9 10

Monica Ortega-Guerin, plaintiff, vs.

No. CIV 04-0289-PHX-MHM Plaintiff's Motion in Limine regarding the Anticipated Testimony of Defendant Frank Peralta

11 12 13 14

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

Plaintiff respectfully requests the Court to preclude Defendant Frank Peralta from
15

testifying that his physical and verbal sexual harassment of Ms. Monica Ortega-Guerin
16

was in any way related to his alleged suffering from "post-traumatic stress syndrome."
17

Because Defendant Peralta has not adduced any medical evidence in support
18

of his claim that he was somehow compelled to sexually harass Ms. Ortega-Guerin
19

based upon his alleged medical condition, the claim is without foundation and is
20

irrelevant.
21

In addition to being irrelevant, it is also highly prejudicial to Ms. Ortega-Guerin's
22

case because the introduction of these allegations is nothing more than a transparent
23

Case 2:04-cv-00289-MHM

Document 41

Filed 11/16/2005

Page 1 of 3

1 2 3 4 5 6 7 8 9

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

10

may have impacted his actions in the workplace," he has not produced any medical
11

records, expert testimony, or other evidence substantiating his claim that his sexual
12

harassment of Ms. Ortega-Guerin was caused by his alleged medical condition.
13

Accordingly, under the circumstances, Mr. Peralta should not be allowed to
14

render any testimony regarding his medical condition and its alleged causal relationship
15

to his sexual harassment of Ms. Ortega-Guerin.
16

Dated the 16th day of November, 2005.
17 18 19 20 21 22 23 -2-

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

Document 41

Filed 11/16/2005

Page 2 of 3

1 2 3 4 5 6 7 8

CERTIFICATE OF SERVICE

:

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

:
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

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

-3-

Case 2:04-cv-00289-MHM

Document 41

Filed 11/16/2005

Page 3 of 3