Free Motion in Limine - District Court of Arizona - Arizona

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GAONA LAW FIRM
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David F. Gaona, State Bar No. 007391 Nicole Seder Cantelme, State Bar No. 021320 Attorneys for Defendants APS, Doug McDonald and Donald Wilson IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA JAMES W. FIELD and SUSAN F. FIELD, husband and wife, Plaintiffs, vs. LA PAZ COUNTY, et al., Defendants. Defendants Arizona Public Service Company, Doug McDonald and Donald Wilson ("APS Defendants") respectfully request this Court issue its pretrial Order in limine precluding the Plaintiff from introducing before the jury any evidence concerning the condition of Plaintiff's electrical facilities on Plaintiff's property. The No. CIV03-02214 PHX SRB APS DEFENDANTS' MOTION IN LIMINE RE: EXPERT TESTIMONY

APS Defendants anticipate that Plaintiff will seek to admit testimony of lay witnesses, as well as his own layperson testimony, regarding opinions or conclusions concerning the condition of Plaintiff's electrical facilities on his property. Plaintiff has not

disclosed an expert in this matter, and Plaintiff has not disclosed that either the Plaintiff or his lay witnesses have the proper experience or qualifications to testify as to their

Case 2:03-cv-02214-SRB

Document 180

Filed 05/22/2006

Page 1 of 3

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

opinions or conclusions concerning the condition of the electrical facilities on his property.1 Accordingly, any such testimony is inadmissible. Therefore, the APS Defendants respectfully request that this Court preclude any evidence provided by Plaintiff concerning opinions or conclusions about the condition of Plaintiff's electrical facilities on his property. DATED this 22nd day of May, 2006. GAONA LAW FIRM

GAONA LAW FIRM

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/s/ Nicole Seder Cantelme David F. Gaona Nicole Seder Cantelme Attorneys for APS, Doug McDonald and Donald Wilson

This Court has already acknowledged that Plaintiff lacks the requisite qualifications and experience to testify as to his opinions about the condition of his electrical facilities. See Order dated April 27, 2006, at p. 26 n.13. 2 Case 2:03-cv-02214-SRB Document 180 Filed 05/22/2006 Page 2 of 3

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3101 North Central Avenue ­ Suite 720 Phoenix, Arizona 85012

CERTIFICATE OF SERVICE I hereby certify that on May 22, 2006, 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: John Masterson, Esq. [email protected] and Jennifer Holsman, Esq. [email protected] Attorneys for La Paz County Defendants I further certify that on May 22, 2006, I mailed a copy of the foregoing document to Plaintiff pro per: James W. Field Post Office Box 248 Salome, Arizona 85348

GAONA LAW FIRM

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/s/ Nicole Seder Cantelme

3 Case 2:03-cv-02214-SRB Document 180 Filed 05/22/2006 Page 3 of 3