Free Motion in Limine - District Court of Arizona - Arizona

` 1 A i F|LE[) ___ LODGED
1 JHIHES W. W RECE|\jE[) ____ COPY
P.O. Box 248 W .
2 samme, Az. 85348 MAY 2 4 2006 ‘
3 ‘TR1cT COURT
li-1gl%ilpi§J,F AFlé?O[;lé\PUTY
4 IN THE UNITED STATES DIST
5
6 FOR THE DISTRICT OF ARIZONA
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8 James W. Field, ) Case No.: CV03-2214-PHX-SRB
)
9 Plaintiff, ) PLAINTIFFS’ MOTION IN LIMIN E OF
) PHOTOGRAPH’S NOT DISCLOSED
10 vs. ) PURSUANT TO F ed.R.Civ.P 37(c)(1)
)
11 La Paz County et. al. , )
) .
12 Defendant )

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15 Comes now Plaintiff, mentioned above to submit this Motion in Limine of all Photograph’s
16 that the La Paz Defendants according to Rule 37(c)(l) have not properly disclosed
17 Plaintiff is requesting that the Court verify any and all Photo’s Defendants Counsel intends on
18 trying to use as Exhibits Due to the fact that Plaintiff has been requesting full size color photos of the
19 photos taken on October 30, 2002, since they executed the Administrative Search Warrant.
20 The Plaintiff seeks the Courts Order, Directing the La Paz Defendants limit all photographic
EI exhibits to exact Duplicates of the documents disclosed to Plaintiffs, (See Attached)
22 Most of the photos Mr. Field has been able obtain from the La Paz Defendants were
23 thumbnails and all are black and white furthermore, within their disclosure La Paz Defendants failed
24 to provide any photos .
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Case 2:03—cv—02214—SFlB Document 198 *1* Filed 05/24/2006 Page 1 of 3

1 The La Paz Defendants’ have failed to provide Mr. Field photographs taken during the
2 inspection conducted on 1/ 13/05 . Additionally, Counsel for the La Paz Defendants stated that they
3 were intending to use any and all photos in the Defendants possession, yet they have not properly
4 disclosed the photos in Defendants possession.
5 Plaintiff has included duplicates of photographs provided by Defendants with this motion in
6 limine.
7 Plaintiff requests the Court Order any photos used to Black and White in a resolution l
8 comparable to the exhibits attached to this Motion
9 ARGUMENT
10 Fed.R.Civ.P.37(c)(1) a party that without substantial justification fails to disclose
infomation required by rule 26(a) or 26(e)(1), or to amend a
U prior response to discovery as required by Rule 26(e)(2), is not,
unless such failure is harmless, permitted to use as evidence at
12 a trial, at a hearing, or on a motion any witness r information not
so disclosed
13
14 Respectfully submitted this day of May 2006.
15
16 P M iw!
17 se Plaintiff, James W. Field
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Case 2:03-cv-02214-SRB Document 198 ‘2‘ Filed 05/24/2006 Page 2 of 3

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2 ORIGINAL and one Copy of the foregoing
Sent this 2 J; day of May 2006. with
3
The Clerk of the Court
'°* Sandra Day O’Con11or Federal Courthouse
Suite 130
5 401 W. Washington St SPC]
6 Phx. AZ. 85003
7 A Copy of the Foregoing sent
This 2); day of May, 2006 to
S Gaona Law Finn
9 3101 N. Central Ave. .
Suite 720
10 Phx. AZ. 85012
11 Jones, Skelton & Hochuli
2901 N. Central Ave.
Phx. AZ. 85012 `
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By
14 Tammy cl
Plaintiffs’ Assistant
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25 ORIGINAL and one Copy of the foregoing
Filed this day of May 2006 with
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Case 2:03-cv-02214-SRB

Document 198

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