Free Motion in Limine - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

Kathleen L. Wieneke, Bar #011139 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) 200-7858 [email protected] [email protected] Attorneys for Defendants Griffin, Dunn, Lynde and Monson UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Teresa August, et al, Plaintiff, v. The City of Phoenix, et al, Defendant. NO. CV03-1892-PHX-ROS DEFENDANTS' MOTION IN LIMINE REGARDING ORDER OF PROTECTION

Defendants Griffin, Dunn, Lynde and Monson, through counsel, move for an Order in limine to introduce evidence of the Order of Protection filed by Pam Hickey against Theresa August in 1992.1 During Ms. Hickey's testimony she testified about the quality and strength of her relationship with Plaintiff, stating that they were very good friends, that they went on vacation together and that they got along very well. Based on this "opening of the door" into the strength and quality of relationship Plaintiff had with Ms. Hickey, Defendants must now be allowed to delve into the Order of Protection filed by Ms. Hickey against the Plaintiff.
1

See Order of Protection, attached hereto as Exhibit 1.

1732904.1

Case 2:03-cv-01892-ROS

Document 251

Filed 01/16/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
1732904.1

The Order of Protection states that Plaintiff Theresa August, "has committed and/or may commit an act of domestic violence as described" by Ms. Hickey as "threatened and intimidated, interfered with custody of child unlawfully." The Order of Protection was filed by Judge Fields in the Maricopa County Superior Court on March 11, 1992. Although the Order of Protection was filed in 1992, Ms. Hickey testified to vacations Plaintiff and her family went on when Sam Hickey was "small," the same time period that the Order of Protection was filed. Thus, this evidence is relevant to contradict the testimony presented by Ms. Hickey during the trial. In the alternative, Defendants submit this Offer of Proof regarding the evidence the jury would have heard on this issue.2 DATED this 16th day of January, 2007. JONES, SKELTON & HOCHULI, P.L.C.

By s/Jennifer L. Holsman Kathleen L. Wieneke Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Griffin, Dunn, Lynde and Monson

Electronically filed and served this 16th day of November, 2006, to: ALL PARTIES ON ELECTRONIC SERVICE LIST COPY mailed this same date to:

2

See pages 64-65 of Plaintiff's deposition testimony, attached hereto as Exhibit 2.
2

Case 2:03-cv-01892-ROS

Document 251

Filed 01/16/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

The Hon Rosalyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003 By: s/Peggy Sue Trakes

1732904.1

3

Case 2:03-cv-01892-ROS

Document 251

Filed 01/16/2007

Page 3 of 3