Jordan v. Central Transport, LLC et al

Filing 148

ORDER granting 125 Motion in Limine to Exclude Speculation Regarding Medication Prescribed to Plaintiff. (See Order for specifics.) Signed by Honorable Susan O. Hickey on March 13, 2019. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

MARQCHELLO JORDAN

v.

PLAINTIFF

Case No. 4:17-cv-4011

ELMER ENRIQUE VENTURA,
and JOHN DOES 1-3

DEFENDANTS
ORDER

Before the Court is Plaintiff’s Motion in Limine to Exclude Speculation Regarding
Medication Prescribed to Plaintiff. (ECF No. 125). Defendant Ventura has filed a response. (ECF
No. 142). The Court finds this matter ripe for consideration.
In the instant motion, Plaintiff states that during the deposition of Dr. Kamal Kabakibou,
defense counsel asked various questions regarding Plaintiff’s prescription medications and
negative drug tests. Plaintiff further states that he “believes Defendant [Ventura] intends to use
this type of questioning to imply that Plaintiff was behaving inappropriately with his prescription
medications or illegally reselling the medication.” (ECF No. 125, ¶ 2). Plaintiff asserts that any
such implication would be speculative. Accordingly, Plaintiff argues that “Defense counsel should
be precluded from eliciting testimony and making argument that would imply Plaintiff was
misusing or criminally reselling his prescription medications.” ECF No. 126, p. 2. In his response,
Defendant Ventura objects, stating that he “does not intend to make any argument that Plaintiff
was misusing or illegally selling [his] medication.” ECF No. 142.
Upon consideration, the Court finds that the instant motion should be and hereby is
GRANTED insofar as Defendant shall not elicit testimony or make arguments that would imply

Plaintiff was misusing or criminally reselling his prescription medications. To the extent
Defendant intends to offer evidence of Plaintiff’s prescription medication use and/or drug tests for
some other purpose, Defendant is instructed to first approach the bench before offering such
evidence.
IT IS SO ORDERED, this 13th day of March, 2019.

/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge

2