Bohannon v. Johnson Food Equipment Inc et al

Filing 262

ORDER denying 240 Motion for Reconsideration of order granting plaintiff's second motion in limine and for adverse inference instruction. Signed by Judge James M. Moody on 2/23/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION

GWENDOLYN L. BOHANNON VS. CASE NO. 5:07CV00123 JMM

PLAINTIFF

JOHNSON FOOD EQUIPMENT, INC., D/B/A BAADER-JOHNSON, ET AL. TYSON POULTRY, INC., AND TYNET CORP. ORDE R

DEFENDANT INTERVENORS

Pending before the Court is defendant's Motion for Reconsideration of Order Granting Plaintiff's Second Motion In Limine and for Adverse Inference Instruction. The motion is denied (# 240) as the probative value of the evidence is outweighed by the unfair prejudice to plaintiff. See Fed. R. Evid. 403. The request of an adverse inference instruction is also denied (#240) as such an instruction is not warranted on the facts of this case. IT IS SO ORDERED THIS 23 day of February , 2010.

James M. Moody United States District Judge