Pacific Marine Center, Inc et al v. Silva

Filing 197

ORDER on The Parties Motions In Limine 193 , 194 , signed by District Judge Lawrence J. O'Neill on 12/19/11: Said Motions are DENIED. (Hellings, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SONA VARTANIAN,

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CASE NO. CV F 09-1409 LJO JLT

Plaintiff,

ORDER ON THE PARTIES’ MOTIONS IN
LIMINE
(Docs. 193, 194.)

vs.
EDWARD ESSEGIAN,
Defendant.
/

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In this action, the remaining issue/claim is whether defendant Fresno County Deputy Sheriff

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Edward Essegian (“Deputy Essegian”) used excessive force to point his service handgun at plaintiff Sona

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Vartanian (“Ms. Vartanian”) during execution of a search warrant at Pacific Marine Center, Inc.

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(“PMC”). This Court conducted a December 19, 2011 hearing on the parties’ respective motions in

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limine. Ms. Vartanian appeared by counsel Richard Hamlish. Deputy Essegian appeared by counsel

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Valerie Velasco. This Court issues the following rulings on the parties’ motions in limine and

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incorporates the its reasons stated on record during the hearing.

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Ms. Vartanian’s Motion In Limine No. 1 To Bar Evidence Regarding Her 1999 Grand Jury

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Testimony: This Court DENIES the motion in limine and ADOPTS the reasoning set forth in U.S.

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Magistrate Judge Jennifer Thurston’s May 18, 2011 order (Doc. 140, 141).

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Deputy Essegian’s Motion In Limine No. 1 To Bar Evidence of PMC’s Damages: This Court
DENIES the motion in limine.
Deputy Essegian’s Motion In Limine No. 2 To Bar Evidence of Ms. Vartanian’s Emotional
Distress Damages: This Court DENIES the motion in limine.
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Deputy Essegian’s Motion In Limine No. 3 To Bar Opinions Of Ms. Vartanian’s Treating

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Physicians: This Court DENIES without prejudice the motion in limine in that Ms. Vartanian’s treating

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physicians may testify as to their treatment and diagnosis but may not testify as to their prognoses, unless

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their respective prognoses were necessary to treat Ms. Vartanian’s ongoing symptoms and/or condition.

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Deputy Essegian’s Motion In Limine No. 4 To Permit Only Eye Witnesses At The Scene:

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This Court GRANTS the motion in limine and as to events on August 10, 2009 subjecting Deputy

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Essegian to potential liability, PERMITS only eye witnesses at the scene.

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Deputy Essegian’s Motion In Limine No. 5 To Bar “Golden Rule” Damages Comments:
This Court GRANTS the motion in limine and BARS “Golden Rule” Damages comments.

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Deputy Essegian’s Motion In Limine No. 6 To Bar Evidence Of Liability Insurance: This

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Court GRANTS the motion in limine and BARS evidence of liability insurance and that Deputy

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Essegian is covered by liability insurance.

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Deputy Essegian’s Motion In Limine No. 7 To Bar Evidence Of Indemnification: This Court

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GRANTS the motion in limine and BARS evidence that the County of Fresno indemnifies Deputy

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Essegian.

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Deputy Essegian’s Motion In Limine No. 8 To Exclude Non-Party Witnesses: This Court
GRANTS the motion in limine and BARS non-party witnesses.

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Deputy Essegian’s Motion In Limine No. 9 To Bar Evidence of Personnel Records Of

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Deputy Essegian And Other Testifying Law Enforcement Officers: This Court GRANTS the motion

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in limine and BARS personnel records of Deputy Essegian and other testifying law enforcement officers,

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including internal affairs investigations and administrative or other employment actions.

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Ms. Vartanian’s Omitted Accountant Witness: Ms. Vartanian omitted from her pretrial

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statement the accountant who prepared PMC tax returns. This Court PERMITS the accountant to testify

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only insofar as to authenticate the tax returns and their preparation and as to limited matters reflected

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on the tax returns, such as losses.

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U.S. Magistrate Judge Consent: As noted during the hearing, a criminal trial is set before this

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Court on January 10, 2012, the day of trial for this action. The criminal trial takes precedence over this

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action and will be conducted first. To assure the January 10, 2012 trial for this action, the parties will
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need to consent to the conduct of trial and further proceedings by a U.S. Magistrate Judge. The parties

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shall contact chambers at 499-5680 if they so consent.

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IT IS SO ORDERED.
Dated:
66h44d

December 19, 2011

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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