Free Motion in Limine - District Court of Arizona - Arizona

Georgia A. Staton, Bar #004863 JONES, SKELTON & HOCHULI, P.L.C. Suite 800 2901 North Central Avenue Phoenix, Arizona 85012 602-263-1700 Attorneys for Defendants UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Kenneth Lyon & Towanda Lyon, for Taralyn D. Lyon, Plaintiff, v. Estrella Foothills High School Henry Schmiyt, Superintendent of Schools for Estrella Foothills School, Eric Godfrey, Jerry Nunez, Marty Arambel, Phillip Echeverria, Jeannie Guy, Jerry Kerr, and Gary Mayfield, Defendants. NO. CIV 03-2306-PHX-JAT

MOTION IN LIMINE: TESTIMONY OF TOWANDA LYON

Pursuant to Fed.R.Evid. 401 and 403, this Court should preclude testimony from Towanda Lyon regarding any effect of Plaintiff's damages on the family. Background There is only one plaintiff and only one claim to be presented to the jury in this case. The only issue before the jury is whether Taralyn Lyon was denied equal protection. If the jury finds that Taralyn Lyon was denied equal protection, she and she alone will be entitled to any damages the jury deems appropriate. In her Initial Disclosure Statement, Plaintiff indicated that Towanda Lyon would be called to testify about "damages and how it effects her family." Neither Case 2:03-cv-02306-JAT Document 59 Filed 03/17/2006 Page 1 of 3

Towanda Lyon nor her family is a plaintiff in this action. Neither Towanda Lyon nor her family is entitled to recover damages in this action. As a result, the effect of any alleged denial of equal protection to Taralyn Lyon on Towanda Lyon or her family is entirely irrelevant. II. Legal Argument. A. The Evidence is Irrelevant.

The Federal Rules of Evidence allow for the admission of relevant evidence. Relevant evidence is admitted in order to assist the fact finder in making a decision. The issue of how Plaintiff's family (non-plaintiffs) was affected by the events that led to her filing the Complaint is not relevant. There is nothing for the jury to consider with regard to the effect, if any, on Plaintiff's family. Thus, the evidence is irrelevant and, therefore, inadmissible. See Fed. R. Evid. 401-402. B. The Evidence Would Confuse The Jury

Under Fed. R. Evid. 403 this evidence may be excluded because its probative value (limited at best) is substantially outweighed by the risks of prejudice, confusion, and waste of time. Allowing Towanda Lyon to testify as to any effect on her family would only confuse the jury by playing to their sympathies. This would only distract the jury from the only issue they need to consider: Whether the district denied Ms. Lyon equal protection. The probative value of any testimony regarding the effect of Taralyn Lyon's suspension on her family is clearly outweighed by the risk of confusion and would be a waste of time and judicial resources. III. Conclusion. Defendant respectfully requests that this Court limit the testimony at trial to the facts relating directly to whether the District denied Taralyn Lyon equal protection. The effect of Taralyn Lyon's suspension on her family does not directly relate to that issue and testimony relating thereto should be excluded. 2 Case 2:03-cv-02306-JAT Document 59 Filed 03/17/2006 Page 2 of 3

DATED this 17th day of March, 2006. JONES, SKELTON & HOCHULI, P.L.C. By s/Georgia A. Staton Georgia A. Staton 2901 North Central Ave., Ste. 800 Phoenix, Arizona 85012 Attorneys for Defendants

ORIGINAL of the foregoing filed this 17 th day of March, 2006 Clerk of the U.S. District Court District of Arizona COPY of the foregoing mailed this 17 th day of M arch, 2006, to: Hon. James A. Teilborg United States District Court Sandra Day O'Connor U.S. Courthouse Suite 523 401 West Washington Street, SPC 51 Phoenix, AZ 85003-2154 Joseph E. Collins, Esq. 10801 North 32nd Street, Suite 3 Phoenix, Arizona 85028 Attorney for Plaintiff

s/Gloria Gray

1599173_1

3 Document 59 Filed 03/17/2006 Page 3 of 3

Case 2:03-cv-02306-JAT