Free Motion in Limine - District Court of Arizona - Arizona

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JOSEPH C. DOLAN, ESQ. (007376) 1650 North 1st Avenue Phoenix, Arizona 85003 (602) 266-7667 Fax (602) 277-9839 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT IN AND FOR DISTRICT OF ARIZONA JERRY SIMMS, a single man, Plaintiff, vs STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation; ABC CORPORATIONS I-X; JOHN DOES I-X, Defendants. CV-03-1415-PHX-ROS MOTION IN LIMINE NO. 3 RE: PRECLUDING MENTION OF PLAINTIFF'S FINANCIAL POSITION

Plaintiff hereby requests that this Court enter its order precluding defendant from mentioning the plaintiff's reported wealth. Defendant may attempt to argue that plaintiff's remedy was to pay for the damages himself rather than request that his insurance company pay for them. Defendants sometimes seek to imply in cases of this type that the plaintiff can easily afford to pay for damages to his residence rather than demand payment from his insurance carrier. Such arguments are improper in the insurance context when the only issue should be whether or not the insurer had the contractual obligation to pay for the damages and whether the insurer acted in good faith in fulfilling his contractual obligations. Any argument based upon the plaintiff's wealth and his ability to pay for the damages himself would be precluded under Rule 403 of the Rules of Evidence. Such evidence or argument would tend only to confuse the jury and subserve a just result in this trial.

Case 2:03-cv-01415-ROS

Document 145

Filed 12/02/2005

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RESPECTFULLY SUBMITTED this 2nd day of December, 2005.

By

s/Joseph C. Dolan 007376 JOSEPH C. DOLAN, ESQ. 1650 North 1st Avenue Phoenix, Arizona 85003 Attorney for Plaintiff

JOSEPH C. DOLAN

1650 North First Avenue Phoenix, Arizona 85003

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on December 2, 2005, 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: William Phillips, Esq. BROENING OBERG WOODS & WILSON 1122 East Jefferson Phoenix, Arizona 85036 Attorneys for State Farm

I HEREBY CERTIFY that on December 2, 2005 I served the attached document by mailing a copy of the following: Hon. Roslyn Silver United States District Court, Suite 624 401 W. Washington Street Phoenix, Arizona 85003-2158

JOSEPH C. DOLAN

1650 North First Avenue Phoenix, Arizona 85003

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s/Joseph C. Dolan, Esq. 007376 Attorney

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