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GAONA LAW FIRM
A PROFESSIONAL CORPORATION
3101 NORTH CENTRAL AVE, SUITE 720 PHOENIX, ARIZONA 85012 _____________
(602) 230-2636 Fax (602) 230-1377
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