Rodriguez v. County of Stanislaus, et al.

Filing 407

ORDER GRANTING Defendants National Railroad Passenger Corporations's, BNSF Railway Company's, and State of California, Department of Transportation's 233 Motion in Limine 12 to Limit or Exclude Any Adverse Inferences from the Term "Highball", signed by Judge Oliver W. Wanger on 12/9/2010. (Figueroa, O)

1 2 3 4 5 6 7 8 9
LOMBARDI, LOPER & CONANT, LLP

B. CLYDE HUTCHINSON, State Bar No. 037526 [e-mail] VINCENT CASTILLO, State Bar No. 209298 [e-mail] JASON B. SHANE, State Bar No. 253908 [e-mail] LOMBARDI, LOPER & CONANT, LLP Lake Merritt Plaza 1999 Harrison Street, Suite 2600 Oakland, CA 94612-3541 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORPORATION (erroneously sued herein as AMTRAK CALIFORNIA), BNSF RAILWAY COMPANY (erroneously sued herein as BURLINGTON NORTHERN SANTA FE RAILWAY), and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION

10
Lake Merritt Plaza 1999 Harrison Street, Su i t e 2600 Oakland, CA 94612 - 3 5 4 1

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

LUCIO CORRAL RODRIGUEZ, individually and as Successor in Interest to the decedents, MARICRUZ CORRAL, IVAN ALEXANDER CORRAL, and LUCIO ANTHONY CORRAL, Plaintiffs, v. COUNTY OF STANISLAUS; CITY OF MODESTO; CITY OF RIVERBANK; STATE OF CALIFORNIA; AMTRAK CALIFORNIA; BURLINGTON NORTHERN SANTA FE RAILWAY; and DOES 1 to 200, Defendants. AND ALL RELATED ACTIONS.

Case No. 1:08-cv-00856 OWW GSA ORDER GRANTING DEFENDANTS NATIONAL RAILROAD PASSENGER CORPORATION'S, BNSF RAILWAY COMPANY'S, AND STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION'S MOTION IN LIMINE NO. 12 TO LIMIT OR EXCLUDE ANY ADVERSE INFERENCES FROM THE TERM "HIGHBALL"

The Motion In Limine of Defendants National Railroad Passenger Corporation, BNSF Railway Company, and State of California, (hereinafter "NRPC, BNSF and California") to Limit
13249-36853 VC 592203.1

1

Case No. 1:08-cv-00856 OWW GSA

ORDER GRANTING DEFS' MOTION IN LIMINE NO. 12

1 2 3 4 5 6 7 8 9
LOMBARDI, LOPER & CONANT, LLP

or Exclude Any Adverse Inferences from the Term "Highball" came on regularly for hearing on December 1, 2010, in Department 3 of the above-captioned Court. Plaintiff Lucio Corral Rodriguez was represented by Aaron Markowitz, Esq. Defendants NRPC, BNSF and California were represented by Clyde Hutchinson and Vincent Castillo. The County of Stanislaus was represented by Dan Farrar. Having considered the moving papers, any opposition filed, and following oral argument, the Court orders as follows: The Motion in Limine is GRANTED. 1. Plaintiff is barred from making any adverse inferences, in the form of evidence,

references to evidence, testimony or argument, from the use of the railroad signaling term "highball" to suggest recklessness or disregard for safety. The Court finds that any suggestion, argument, testimony, or presentation of evidence concerning any adverse reference to the term "highball" has no probative value and therefore must be excluded pursuant to Fed. R. Evid. 403. Plaintiff is not permitted to make reference in the selection of a jury, presentation of evidence, reference to evidence, testimony, or argument of the matters precluded above. IT IS SO ORDERED. Dated:

10
Lake Merritt Plaza 1999 Harrison Street, Su i t e 2600 Oakland, CA 94612 - 3 5 4 1

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

December 9, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

emm0d64h

13249-36853 VC 592203.1

2

Case No. 1:08-cv-00856 OWW GSA

ORDER GRANTING DEFS' MOTION IN LIMINE NO. 12