Free Motion in Limine - District Court of Arizona - Arizona

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John T. Masterson, Bar #007447 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7846 [email protected] [email protected] Attorneys for Defendants Brad Weekley, Penny Dahlberg, Guy Gorman and Dave Boatwright UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA James W. Field, Plaintiff, v. County of La Paz, et al., Defendants. LA PAZ DEFENDANTS MOTION IN LIMINE TO PRECLUDE UNDISCLOSED DAMAGES TESTIMONY AND EXHIBITS CV 03-2214-PHX SRB

Defendants Boatwright, Dahlberg, Gorman and Weekley, through counsel, and pursuant to Rule 26(a)(2)(B) and 37(c), Federal Rules of Civil Procedure, move this Court for an Order precluding Plaintiff from introducing evidence of undisclosed damages information or any testimony regarding alleged damages. This motion is supported by the attached Memorandum of Points and Authorities. MEMORANDUM OF POINTS AND AUTHORITIES The parties to this action participated in a pretrial conference on July 25, 2005 in which the Court scheduled deadlines in this matter. At that time, the Court set a discovery

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deadline of November 30, 2005. This deadline has long since passed and Plaintiff has failed to timely disclose any evidence of damages allegedly sustained in this matter. Pursuant to Rule 26(a)(1)(B), Plaintiff was required to disclose "a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party and that the disclosing party may use to support its claims or defenses, unless solely for impeachment." As outlined in Rule 37(C)(1), FED. R. CIV. P., a party who fails to timely disclose

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documents or other tangible exhibits, "shall not, unless such failure is harmless, be permitted to use evidence at trial ... the information or witness not disclosed." In this case, Plaintiff failed to disclose any evidence of damages allegedly sustained in this action. Instead, Plaintiff disclosed a spreadsheet with conclusory allegations of alleged damages. (See Exhibit 1). Yet, the spreadsheet has no tangible evidence or supporting documentation. It is anticipated that Plaintiff will call numerous family members and friends to establish his burden of proof on whether he sustained damages in this action. Plaintiff, has not, however disclosed any exhibits to support his claim for alleged damages. Accordingly, any testimony by witnesses or undisclosed exhibits would be inappropriate and must be precluded pursuant to Rule 37, FED. R. CIV. P. For the foregoing reasons, Defendants respectfully request that their Motion in Limine be granted.

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DATED this 22nd day of May, 2006. JONES, SKELTON & HOCHULI, P.L.C.

BY s/Jennifer L. Holsman John T. Masterson Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants, Brad Weekley, Penny Dahlberg, Guy Gorman and Dave Boatwright COPY of the foregoing mailed this even date to: James. W. Field PO Box 248 Salome, Arizona 85348 Plaintiff Pro Per s/Colleen Webb

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