Rodriguez v. County of Stanislaus, et al.

Filing 408

ORDER GRANTING Defendants National Railroad Passenger Corporations's, BNSF Railway Company's, and State of California, Department of Transportation's 245 Motion in Limine No. 13 to Limit or Exclude Evidence of Amtrak Delay Reports Other than that for the Subject Train, 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. 13 TO LIMIT OR EXCLUDE EVIDENCE OF AMTRAK DELAY REPORTS OTHER THAN THAT FOR THE SUBJECT TRAIN

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 592206.1

1

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

ORDER GRANTING DEFES' MOTION IN LIMINE NO. 13

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

or Exclude Evidence of Amtrak Delay Reports Other than That for the Subject Train 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 presenting evidence of any kind regarding NRPC delay

reports other than that for the subject train on the date of the subject accident. The Court finds that any suggestion, argument, testimony, or presentation of evidence regarding NRPC delay reports other than that for the subject train on the date of the subject accident is irrelevant. 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.

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

IT IS SO ORDERED. Dated:
DEAC_Signature-END:

December 9, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

18 19 20 21 22 23 24 25 26 27 28

emm0d64h

13249-36853 VC 592206.1

2

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

ORDER GRANTING DEFES' MOTION IN LIMINE NO. 13