Amrani v. United States of America

Filing 210

ORDER denying 185 Motion in Limine. See PDF document. Signed by Judge John W Sedwick on 12/9/14.(JWS) .

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 Jacob Amrani, ) ) ) ) ) ) ) ) ) ) 10 Plaintiff, 11 vs. 12 13 United States of America, 14 Defendant. 15 2:12-cv-2583 JWS ORDER AND OPINION [Re: Motion at docket 185] 16 I. MOTION PRESENTED 17 At docket 185 plaintiff Jacob Amrani (“Dr. Amrani”) asks that defendant “be 18 precluded from asserting a defense of assumption of risk.”1 Defendant United States of 19 20 21 America (“United States”) opposes at docket 191. No reply has been filed. Oral argument would not assist the court. II. DISCUSSION 22 23 24 Motions in limine are motions which seek to exclude evidence. As the United States points out in its briefing, the Supreme Court has said that motions in limine are 25 motions “whether made before or during trial, to exclude anticipated prejudicial 26 27 28 1 Doc. 185 at p. 1. 1 2 3 evidence before the evidence is actually offered.”2 The motion at docket 185 does not ask the court to exclude evidence that Dr. Amrani assumed a risk relating to the surgery performed on him by explaining why particular evidence (such as that discussed in the 4 5 United States’ response at docket 191) should be ex cluded. Instead, the motion asks 6 the court to rule that regardless of what evidence might be offered at trial, the defense 7 of assumption of risk may not be asserted. In other words, the motion at docket 185 is 8 actually a motion for partial summary judgment asking the court to rule that as a matter 9 10 of law, the defense fails. However, the time for filing summary judgment motions ran on August 22, 2014. 3 The motion at docket 185 was not filed until October 23, 2014. 11 12 The court will deny the motion at docket 185, because it is an untim ely motion for 13 summary judgment. Of course, that is not to say that the court will permit the United 14 States to introduce any particular evidence at trial. What evidence, if any, will be 15 admitted relating to the assumption of risk defense pled by the United States will be 16 taken up at trial and resolved using the customary objection and offer of proof process. 17 III. CONCLUSION 18 19 20 For the reasons above, the motion at docket 185 is DENIED. DATED this 9th day of December 2014. 21 /s/ JOHN W. SEDWICK SENIOR UNITED STATES DISTRICT JUDGE 22 23 24 25 26 2 27 3 28 Doc. 191 at pp. 1-2 (quoting Luce v. United States, 469 U.S. 38, 40 n.2 (1984)). Order at docket 142. 2

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