Jones v. Rodgers et al

Filing 75

ORDER denying 70 Motion in Limine. Signed by Judge James M. Moody on 6/8/09. (mkf)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION MYCHAEL JONES V. NO: 4:08CV00225 DEFENDANTS PLAINTIFF MARQUIS RODGERS and DART TRANSIT COMPANY d/b/a DART TRANSPORT COMPANY ORDE R Pending is Defendants' motion in limine, docket # 70, to exclude testimony of Dr. Michael Spann, to exclude photos introduced at Dr. Michael Spann's deposition, or alternatively to prohibit introduction of Dr. Michael Spann's deposition testimony at trial. Plaintiff has responded and states that only three of the twelve photographs introduced during the deposition of Dr. Spann had not been produced prior to his deposition. The Court finds the photographs at issue relevant and that the Defendants' will suffer no prejudice by the introduction of the photographs not previously provided. The Court will not exclude the photographs or the testimony of Dr. Spann relating to those photographs, further, it is premature to rule on the admissibility of the deposition of Dr. Spann at trial. Wherefore, Defendants' motion, docket # 70, is denied. IT IS SO ORDERED this 8th day of June, 2009. James M. Moody United States District Judge

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