Fuller v. Star Fiber Glass

Filing 78

ORDER granting in part plaintiff's motion in limine 70 . Signed by Judge William R. Wilson, Jr on 4/13/09. (bkp) (Additional attachment(s) added on 4/13/2009: ) # 1 Main Document - Correct) (thd).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 500 W. CAPITOL, ROOM D444 LITTLE ROCK, ARKANSAS 72201-3325 (501) 604-5140 Facsimile (501) 604-5149 April 13, 2009 Mr. Austin Porter, Jr. Attorney at Law 323 Center Street Suite 1300 Little Rock, AR 72201 Mr. Christopher E. Moore Mr. Christine M. White Coats Rose - New Orleans 400 Poydras Street Suite 1400 New Orleans, LA 70130 Mr. E. B. Chiles, IV Quattlebaum, Grooms, Tull & Burrow PLLC - Little Rock 111 Center Street Suite 1900 Little Rock, AR 72201-3325 Re: Fuller v. Fiber Glass Systems LP, 4:07-CV-01120-WRW Dear Counsel: Pending is Plaintiff's Motion in Limine (Doc. No. 70), which was filed under seal. Defendant has responded. After consideration of the authorities cited by both sides and conducting further research, it appears that Plaintiff's motion should be granted only in part. If Plaintiff introduces medical evidence that she was treated for depression in May, June, and July of 2006, then Defendant will be allowed to introduce evidence that Plaintiff was treated for depression before 2006.1 However, Defendant may not speculate or introduce any of the sensitive medical information that provided grounds for placing Plaintiff's motion in limine under seal. Any such testimony would be inflammatory and more unfairly prejudicial than probative. Accordingly, Plaintiff's motion is GRANTED with respect to sensitive medical testimony, and DENIED with respect to her treatment for depression before 2002. Cordially , /s/ Wm. R.Wilson, Jr. Original to the Clerk of the Court Defendant states in its brief that "Plaintiff admits in her Memorandum in Support of her Motion in Limine that she was treated for depression in 2002 (omitting her continued treatment for depression well into 2006)." 1

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