Free Response to Motion - District Court of Arizona - Arizona

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Daniel P. Struck, Bar #012377 Rachel Love Halvorson, Bar #019881 J ONES, S KELTON & H OCHULI, P.L.C. 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Telephone No.: (602) 263-1700 Facsimile No.: (602) 263-1784 E-Mail: [email protected]; [email protected] Attorneys for Defendants, Corrections Corporation of America and Stolc IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Cheryl Allred Plaintiff, v. Corrections Corporation of America, Inc.; Bruno Stolc Defendants. Defendants Corrections Corporation of America and Warden Stolc, DEFENDANTS' RESPONSES TO PLAINTIFF'S MOTIONS IN LIMINE NOS. 1, 2, 5, 6 AND 8 NO. CIV 03-2343 PHX-DGC

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through counsel, respond to Plaintiff's Motions in Limine Nos. 1, 2, 5, 6 and 8 as 16 follows. Plaintiff filed a three (3) page "Motion in Limine" that purports to address 17 eleven (11) separate categories of evidence. Each category of evidence sought to be 18 excluded by Plaintiff requires a separate analysis and response. For ease of the 19 Court, Defendants respond below to those motions in limine which can be addressed 20 succinctly as Defendants having no objection or Defendants having no ability to 21 respond to the motion in limine because Plaintiff's motion is not sufficiently 22 specific with respect to what evidence she seeks to be excluded, therefore 23 preventing Defendants from formulating any meaningful response. Plaintiff's 24 motions in limine are identified by number as the order in which they appear in 25 Plaintiff's pleadings. 26

Case 2:03-cv-02343-DGC

Document 157

Filed 01/11/2006

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1.

Plaintiff's Motion in Limine to exclude: "Any reference to the filing

of this motion." Defendants' Response: No objection. 2. Plaintiff's Motion in Limine to exclude: "Any evidence, statement or

argument of other crimes, wrongs, or acts to prove the character of Plaintiff to show Plaintiff acted in conformity with her character and her allegation that she was gang raped. See F ED.R.E VID . 404(b)" Defendants' Response: Plaintiff is merely citing an evidentiary rule. Plaintiff fails to identify what "crimes, wrongs or acts" she seeks to exclude. and does not bother to provide any analysis by which Defendants might discern what Plaintiff is seeking here. Therefore, Defendants are unable to guess w hat evidence Plaintiff seeks to exclude and consequently are unable to respond. 5. Plaintiff's Motion in Limine to exclude: "Any opinion by an expert

that is not supported by admissible facts. Guillory v. Dontar Indus., Inc., 95 F.3d 1320, 1331 (5 th Cir. 1996)." Defendants' Response: Plaintiff fails to identify what expert opinions or facts she seeks to exclude. Therefore, Defendants are unable to guess w hat evidence Plaintiff seeks to exclude and consequently are unable to respond. 6. Plaintiff's Motion in Limine to exclude: "Any evidence by an expert

witness that is outside the scope of the expert's written opinion produced during pretrial discovery." See Thudium v. Allied Prods. Corp., 36 F.3d 767, 767-70 (8 th Cir. 1994)."

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Defendants' Response: Plaintiff fails to identify what expert evidence or opinions she seeks to exclude. Therefore, Defendants are unable to guess w hat evidence Plaintiff seeks to exclude and consequently are unable to respond. 8. Plaintiff's Motion in Limine to exclude: "Any evidence, statement or

argument that Plaintiff's attorneys have a contingency fee in the suit." Defendants Response: No objection. DATED this 11th day of January, 2006. J ONES, S KELTON & H OCHULI, P.L.C.

By s/ Rachel Halvorson Daniel P. Struck Rachel Love Halvorson 2901 North Central Avenue Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants, Corrections Correction of America and Stolc Foregoing filed ELECTRONICALLY this 11 th day of January, 2006 with the United States District Court, District of Arizona. COPY of the foregoing mailed even date to:

18 19 20 21 22 23 24 25 26 3 Case 2:03-cv-02343-DGC Document 157 Filed 01/11/2006 Page 3 of 3 Leon Schydlower, Esq L AW O FFICE O F L EON S CHYDLOWER 210 North Campbell Street El Paso, Texas 79901 and Brett Duke, Esq. L AW O FFICES OF B RETT D UKE 4157 Rio Bravo El Paso, Texas 79902 Attorneys for Plaintiff, Cheryl Allred s/ Carol S. Madden