Free Motion in Limine - District Court of Arizona - Arizona

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GREENBERG TRAURIG, LLP
ATTORNEYS AT LAW SUITE 700 2375 EAST CAMELBACK ROAD PHOENIX, ARIZONA 85016 (602) 445-8000

Steven M. Weinberg, SBN 016817, [email protected] Brian J. Schulman, SBN 015286, [email protected] Kimberly A. Warshawsky, SBN 022083, [email protected] Attorneys for Plaintiff Awareness Corporation and Third Party Defendants Allcock and Schmidt IN THE UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Awareness Corporation, Plaintiff, v. Group Vision International, L.L.C., et al., Defendants. No. CV03-2024-PHX-DGC AWARENESS CORPORATION'S MOTION IN LIMINE NO. 3 TO EXCLUDE THE TESTIMONY OF CERTAIN WITNESSES WITH NO RELEVANT KNOWLEDGE AT TRIAL

Plaintiff Awareness Corporation ("Awareness") moves in limine pursuant to Rules 401 and 402, Fed.R.Evid., to exclude the testimony of witnesses with no relevant knowledge at trial. Awareness' motion is supported by the following Memorandum of Points and Authorities, and the entire Court record in this case. MEMORANDUM OF POINTS AND AUTHORITIES In the Proposed Pretrial Order, the Distributor Defendants have listed certain witnesses who have no knowledge about this case. Specifically, the Distributor Defendants have named as probable witnesses (1) family members of Awareness' executives and officers, (2) former Awareness employees, (3) former employees of Radcliff Technologies, a company unrelated to Awareness, and (4) current and former Awareness distributors having only general knowledge of their own dealings with

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Awareness Corporation. Upon information and belief, these witnesses are being called solely for purposes of harassment. Because the testimony of these witnesses would not assist the fact finder in determining any fact of consequence, it must be excluded at trial. Only witnesses with relevant knowledge may testify at trial. Kern v. Levolor Lorentzen, Inc., 899 F.2d 772, 780-81 (9th Cir. 1990) (affirming the trial court's exclusion of testimony where former employee did not work for employer during relevant time period and therefore lacked personal knowledge). "`Relevant evidence' means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." FED.R.EVID. 401. Irrelevant evidence is not admissible at trial. See FED.R.EVID. 402. The following witnesses do not have personal knowledge regarding this case, or any claims asserted herein, and should be precluded from testifying at trial: 1. Harry Tahiliani. Mr. Tahiliani is the brother of Mark Tahiliani, Awareness' president, and is not a officer, director, or employee of Awareness. Mr. Tahiliani has no knowledge relevant to this case. 2. Promila Tahiliani. Ms. Tahiliani is Mark Tahiliani's sister, and is not an officer, director, or employee of Awareness. Ms. Tahiliani is an employee of Radcliff Technologies and has no knowledge relevant to this case. 3. this case. 4. the case. Nandal Tahiliani. Mr. Tahiliani is Mark Tahiliani's father, and is not an officer, director, or employee of Awareness. Mr. Tahiliani has no knowledge relevant to Angela Tahiliani. Ms. Tahiliani is Mark Tahiliani's wife, and is not an officer, director, or employee of Awareness. Ms. Tahiliani has no knowledge relevant to

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5. 6. 7.

Brenda Perez. Ms. Perez is a former employee of Radcliff Technologies ­ Delain Johnson. Mr. Johnson is a former Awareness employee and has no Kiki Matsumoto. Mr. Matsumoto is a former Awareness distributor and has

not Awareness. Ms. Perez has no knowledge relevant to this case. knowledge relevant to this case. no knowledge relevant to the claims remaining in this case following the Court's June 1, 2005 Order regarding the motions for summary judgment. 8. 9. 10. 11. 12. Gloria Kellogg. Ms. Kellogg is a former Awareness employee, and, by the Dr. Miles McCartney. Dr. McCartney is a former Awareness distributor, Beth Hill. Ms. Hill is a former Awareness employee and, by the defendants' Francesca Chaporra. Ms. Chaporra is a former Awareness employee and, Bob Mace. Mr. Mace is a former Awareness employee and has no defendants' own admission, has no knowledge relevant to this case. and, by the defendants' own admission, has no knowledge relevant to this case. own admission, has no knowledge relevant to this case. by the Distributor Defendants' own admission, has no knowledge relevant to this case. knowledge relevant to this case. These witnesses' testimony will not assist the fact finder in determining any fact of consequence, and permitting each above-listed witness to testify will unnecessarily increase the length of trial. In addition, by granting this Motion, the parties will be spared the time and expense of having to prepare for these otherwise irrelevant witnesses. Awareness therefore asks that this Court enter an order in limine precluding the testimony of the above-referenced witnesses at trial. Pursuant to the Case Management/Electronic Case Filing Administrative Policies and Procedures Manual G.1.a. and b., Awareness has submitted an electronic form of Order.

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RESPECTFULLY SUBMITTED this 8th day of August, 2005. GREENBERG TRAURIG, LLP By: /s/ Kimberly A. Warshawsky Steven M. Weinberg Brian J. Schulman Kimberly A. Warshawsky Attorneys for Awareness Corporation and Third Party Defendants Allcock and Schmidt

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CERTIFICATE OF SERVICE I hereby certify that on August 8, 2005, I electronically transmitted the attached document to the Clerk' Office using the CM/ECF System for filing and transmittal s of a Notice of Electronic Filing to the following CM/ECF registrants: Curtis D. Drew, Esq. 2342 North Pima Road Scottsdale, Arizona 85257-2405 [email protected] Attorney for Defendant Group Vision International, L.L.C. G. Gregory Eagleburger, Esq. The Eagleburger Law Group 2999 North 44th Street, Suite 303 Phoenix, Arizona 85018 [email protected] Attorneys for Distributor Defendants I hereby certify that on August 8, 2005, I served the attached document by facsimile and United States mail on the following, who are not registered participants of the CM/ECF System:

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/s/ J. David Smith

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