Rodriguez v. County of Stanislaus, et al.
Filing
524
MOTIONS IN LIMINE ORDER signed by District Judge Lawrence J. O'Neill on January 18, 2012. (Munoz, I)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LUCIO CORRAL RODRIGUEZ,
CASE NO. CV F 08-0856
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Plaintiff,
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MOTIONS IN LIMINE ORDER
(Docs. 497, 498, 499, 500, 501.)
vs.
NATIONAL RAILROAD PASSENGER
CORPORATION,
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Defendant.
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/
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This Court conducted a January 18, 2012 hearing on the parties’ respective motions in limine.
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Plaintiff Lucio Corral Rodridguez (“plaintiff”) appeared by counsel Joshua Markowitz. Defendant
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National Railroad Passenger Corporation (“defendant”) appeared by counsel B. Clyde Hutchinson and
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Vincent Castillo. This Court issues the following rulings on the parties’ motions in limine and
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incorporates its reasons stated on record during the hearing.
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Plaintiff’s Motion In Limine No. 8 To Enforce Prior In Limine Orders: This Court will not
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revisit the motions in limine decided at the first trial, and rulings on the motions will remain effective.
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Plaintiff’s Motion In Limine No. 9 To Exclude Untimely Disclosed Matters And
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Defendant’s Motion In Limine No. 24 To Add Witnesses And Exhibits: Based on the parties’
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agreement, Sharyn Seitz, defendant’s Assistant Vice President for Financial Planning, may testify, and
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defendants may attempt to introduce pertinent documents at the second punitive damages monetary
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award phase, if that phase is necessary. This Court PRECLUDES defendant to introduce further
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untimely disclosed evidence, including testimony of Stephen Strachan and Jonathan Hines.
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Defendant’s Motion In Limine No. 22 To Exclude Traffic Engineering, Warning Activation
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And Related Matters: This Court will permit evidence to describe the subject railroad crossing and
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intersection, including measurements and design, and to explain circumstances surrounding the subject
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collision. This Court EXCLUDES as speculation expert opinion as to what Engineer Cone knew about
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the danger of the subject railroad crossing and intersection and actions of vehicle drivers which might
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provide notice to a train engineer.
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Defendant’s Motion In Limine No. 23 To Preclude Distracting Or Disruptive Conduct: This
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Court will tolerate no game playing and ADMONISHES the parties and counsel to act professionally
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at all times in and out of the presence of the jury.
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Stipulation As To Jury Findings And Causation: This Court will accept the parties’
stipulation as to prior jury findings and fault and causation of the subject collision.
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IT IS SO ORDERED.
Dated:
66h44d
January 18, 2012
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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