Gulley v. Mountain Home, Arkansas, City of

Filing 92

ORDER denying 44 Motion in Limine; granting 46 Motion in Limine; granting 49 Motion in Limine; granting 51 Motion in Limine; withdrawing 75 Motion in Limine; denying 79 Motion in Limine; taking under advisement pending the conclusion of the trial 81 Motion for Protective Order; denying 86 Motion to Quash; denying 89 Motion to Quash; and granting 22 Motion in Limine. Signed by Honorable Jimm Larry Hendren on April 6, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DENVER GULLEY v. CITY OF MOUNTAIN HOME ORDER Currently before the Court are various pretrial motions. The Case No. 07-3062 DEFENDANT PLAINTIFF

Court, being well and sufficiently advised, finds and orders as follows with respect thereto: 1. Plaintiff's Motion in Limine (Doc. 22) is GRANTED to the

extent that the defendant shall not be permitted to introduce evidence of any amounts plaintiff has received in the form of social security disability benefits. 2. Plaintiff's Second Motion in Limine (Doc. 44) regarding

the causation opinion expressed by Dr. Gary Souheaver is DENIED. 3. Plaintiff's Third Motion in Limine (Doc. 46) regarding a

worker's compensation claim arising out of his employment with the City of Mountain View and past brushes with the law is GRANTED. Defendant shall also be prohibited from introducing evidence of a worker's compensation claim arising out of plaintiff's employment with the defendant unless the plaintiff opens the door to this evidence. In this event, defense counsel is instructed to approach

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the bench before making any mention of the worker's compensation claim. 4. Plaintiff has advised that he wishes to withdraw his

Fifth Motion in Limine Regarding Vac-Con Truck DVD (Doc. 75). Accordingly, this motion is hereby ordered WITHDRAWN. 5. Dr. Plaintiff's Sixth Motion in Limine (Doc. 79) regarding evaluation of Dr. Dan Johnson's neurological

Souheaver's

testing and scoring is DENIED. 6. The Motions to Quash (Doc. 86, 89) the subpoena issued

upon Dr. Johnson are DENIED as moot, as defense counsel has agreed to release Dr. Johnson from the subpoena. 7. Defendant's First Motion in Limine (Doc. 49) regarding

defendant's coverage under the Arkansas Municipal League's Legal Defense Program is GRANTED. 8. Defendant's Second Motion in Limine (Doc. 51) regarding

past settlements with other individuals is GRANTED. 9. regarding Defendant's plaintiff's Motion for Protective request Order is (Doc. 81)

counsel

FOIA

taken

under

advisement pending the conclusion of the trial. IT IS SO ORDERED this 6th day of April, 2009.

/S/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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