Free Motion in Limine - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

David C. Larkin #006644 DAVID C. LARKIN, P.C. 4645 South Lakeshore Drive, Suite 6 Tempe, Arizona 85282 Telephone (480) 491-2900 Fax (480) 755-4825 Attorney for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Lewis Silverman, Cynthia Silverman, Plaintiffs, vs. Albertsons, Inc., a corporation, Debra A. Collette, Defendants. Plaintiff Lewis Silverman moves the Court in limine to exclude evidence that Lewis Silverman alleged or asserted other claims against Albertsons and that the Court granted defendant partial summary judgment on the Silvermans' other claims for age discrimination and intentional interference with contractual relations. The fact that the Silvermans asserted or alleged other claims against Albertsons in administrative proceeding and in this action and that the Court granted summary judgment on these other claims is not relevant to the remaining claim for religious discrimination which is to be tried and any evidence of these other claims or their disposition is inadmissible pursuant to Rule 402, Fed. R. Evid. Further, even if this evidence was somehow relevant, its admission would likely cause unfair prejudice or speculation regarding the merits of the religious discrimination claim and is therefore inadmissible pursuant to Rule 403, Fed. R. Evid. In order for the jury to understand the significance of a granting of summary judgment it would have to be instructed on the law of summary judgment for which there is no precedent, and which would be further prejudicial and likely cause confusion to the jury. As such, the Court should order that no evidence be offered or that no reference be made to the No. CIV-O3-2268-PHX-NVW PLAINTIFF'S MOTION IN LIMINE RE: OTHER CLAIMS

Case 2:03-cv-02268-NVW

Document 88

Filed 08/26/2005

Page 1 of 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Court's partial summary judgment order, or to the fact that partial summary judgment was granted on any matter or event. Plaintiff proposes the following language for the order granting plaintiff's motion in limine: Plaintiff Lewis Silverman's motion in limine regarding other claims is granted and it is ORDERED, that no evidence shall be offered, whether testimony or documentary, nor shall any witness examination questions be asked intended to obtain testimony, nor shall any statements of counsel be made, regarding plaintiffs Lewis Silverman and Cynthia Silverman's claims for age discrimination and intentional interference with contractual relations, including but not limited to the facts that plaintiffs' asserted the age discrimination claim in administrative proceedings and the age discrimination and intentional interference claims in this action and that the Court granted summary judgment to defendant Albertsons on these claims. Respectfully submitted this 26th day of August, 2005. DAVID C. LARKIN, P.C. By: s/ David C. Larkin David C. Larkin Attorney for Plaintiffs

Electronic notice and service of documents provided to: Jeffrey L. Lowry, Esq. Rodey, Dickason, Sloan, Akin & Robb, P.A. 201 Third Street NW, Suite 2200 Albuquerque, New Mexico 87102 Attorneys for Defendant /s David C. Larkin

-2Case 2:03-cv-02268-NVW Document 88 Filed 08/26/2005 Page 2 of 2