Munoz, et al. vs. PHH Mortgage Corp., et al.
ORDER RESPECTING 468 Plaintiffs' Motion In Limine #3, signed by Judge M Miller Baker on 01/10/2022. (Maldonado, C)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
EFRAIN MUNOZ, individually and on
behalf of all others similarly situated,
IN LIMINE #3
PHH MORTGAGE CORPORATION,
Plaintiffs’ third motion in limine (ECF 468, at 8–9) requests an order “to
preclude Defendants from presenting any argument, testimony, or evidence
regarding or referencing Defendants’ financial conditions.” ECF 468, at 8.
In response, Defendants state as follows:
During a meet and confer between the parties on December 1,
2021, counsel for Plaintiffs confirmed that, as articulated in the
parties’ Joint Pretrial Statement, this motion seeks to preclude
only argument, evidence[,] or testimony about Defendants’ current
financial condition or current ability or inability to pay damages
owed to Plaintiffs (if any). Defendants have no present intention to
introduce evidence regarding the current financial condition of any
Defendant, and therefore take no position on Plaintiffs’ motion.
Defendants’ financial condition related to the class period is
plainly relevant to Plaintiffs’ RESPA claim.
ECF 479, at 7 (emphasis in original; citations omitted). In reply, Plaintiffs
characterize motion #3 as seeking to preclude “any argument, testimony, or
evidence regarding or referencing Defendants’ present financial conditions or
current ability or inability to pay damages owed to Plaintiffs.” ECF 493, at 2
The characterization of motion #3 in Plaintiffs’ reply brief is more limited
in scope than the phrasing used in the original motion because the original
motion does not limit the requested order to Defendants’ “present financial con-
ditions or current ability or inability to pay”—the original motion simply refers
to “Defendants’ financial conditions (and ability or inability to pay damages
owed to Plaintiffs).” ECF 468, at 9. Because Plaintiffs’ reply brief limits the
scope of the order sought to that described by Defendants in their responsive
brief, and because Defendants take no position on the motion insofar as it has
that narrower scope, there is no reason not to grant the limited order.
Accordingly, it is hereby ORDERED that Plaintiffs’ motion in limine #3
is GRANTED to the extent that, at trial, Defendants may not offer any argu-
ment, testimony, or evidence regarding or referencing Defendants’ present fi-
nancial conditions or current ability or inability to pay damages owed to Plain-
tiffs, and is DENIED to the extent it seeks any other relief.
Dated: January 10, 2022
/s/ M. Miller Baker
M. Miller Baker, Judge 1
Judge of the United States Court of International Trade, sitting by designation.
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