Bernat v. City of California City et al

Filing 99

ORDER GRANTING 37 Motion in Limine No. 2 by Defendants to Exclude all Evidence of, and Reference to, Other Crimes, Wrongs, or Acts by Defendants, signed by Judge Oliver W. Wanger on 4/20/2011. (Gaumnitz, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN BERNAT,
Plaintiff,

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vs.
CITY OF CALIFORNIA CITY,
CALIFORNIA CITY POLICE
DEPARTMENT, OFFICER
STANDISH KNOWLTON BADGE
#53024 AND LT. ERIC HURTADO
BADGE #53012, and DOES 1 through
10, inclusive,
Defendants.

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Case No. 10-cv-00305-OWW-JLT
[Hon. Oliver W. Wanger, District
Judge; Hon. Jennifer L. Thurston,
Magistrate Judge]
ORDER GRANTING MOTION
IN LIMINE NO. 2 BY
DEFENDANTS TO EXCLUDE
ALL EVIDENCE OF, AND
REFERENCE TO, OTHER
CRIMES, WRONGS, OR ACTS
BY DEFENDANTS

After due consideration of all of the relevant pleadings, papers, and records in
this action; and upon such other oral and documentary evidence or argument as was
presented to the Court; pursuant to the Court’s inherent and statutory powers, and to
the Court’s authority under the Federal Rules, Good Cause appearing therefore, and
in furtherance of the interests of justice,

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IT IS HEREBY ORDERED that:
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Motion in Limine No. 2 By Defendants to Exclude All Evidence of, and

Reference to, the Other Crimes, Wrongs, or Acts by Defendants is hereby
GRANTED.
2.

Plaintiff, plaintiff's attorneys, and plaintiff's witnesses (including

experts) shall not, in the presence of the jury, testify, offer, or in any way refer to
evidence concerning other crimes, wrongs, or acts on the part of the individual

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defendants – including any departmental investigations, disciplinary history,

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government tort claims, lawsuits, or any subsequent complaints – and such testimony

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or writings related thereto is/are hereby excluded from evidence.

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IT IS SO ORDERED.

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Dated: April 20, 2011

/s/ OLIVER W. WANGER
UNITED STATES DISTRICT JUDGE

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