Arias et al v. Amador et al

Filing 55

ORDER RE: DEFENDANTS MOTIONS IN LIMINE (Doc. 54) signed by District Judge Lawrence J. O'Neill on January 6, 2015. Motion Hearing currently set for 1/12/2015 is VACATED. (Munoz, I)

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1 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 2 3 4 ELIDA ARIAS and JOSE M. MARTINEZ, 5 1:12-CV-00586 LJO SAB ORDER RE: DEFENDANTS’ MOTIONS IN LIMINE (Doc. 54) Plaintiffs, 6 v. 7 8 JULIO AMADOR, et al., Defendants. 9 10 I. INTRODUCTION 11 This case concerns the circumstances surrounding the April 15, 2010 arrest and detention of 12 13 Plaintiffs Elida Arias and Jose J. Martinez by Ceres Police Department (“CPD”) Officers. Plaintiffs 14 advance five causes of action under 42 U.S.C. § 1983, including unlawful arrest, use of excessive force, 15 failure to intercede and failure to provide medical care. Defendants Officers Julio Amador, Debra 16 Borges, Jason Coley, Pat Dayton, Bryan Ferreira, Jon Vera, Art De Werk and the City of Ceres 17 18 19 20 submitted motions in limine on December 30, 2014. Defs.’ Mot. in Limine, Doc. 54. Plaintiff did not oppose the motions. Having reviewed Defendants’ submission, the Court VACATES the hearing scheduled for January 12, 2015. 21 22 II. DISCUSSION A. 23 24 25 26 27 28 Evidence Not Produced During Discovery Defendants seek to prohibit admission of evidence not produced during discovery. This request is GRANTED with the caveat that such evidence may be admitted for the purpose of a true rebuttal. B. Comments Regarding Damages Defendants seek to preclude comments that counsel or witnesses may make suggesting that jurors should base Plaintiffs’ damages (if any) on an amount that jurors would charge to endure similar 1 1 injuries on the basis that such comments are prohibited and create a substantial danger of undue 2 prejudice. The Court GRANTS this request. 3 C. 4 5 Evidence of Liability Insurance Defendants move to exclude evidence concerning the insurance of Defendants’ employer, the City of Ceres. The Court GRANTS this request. 6 7 D. Defendants request that non-party witnesses be excluded from being present in the courtroom 8 9 Exclusion of Non-Party Witnesses From the Courtroom during trial related proceedings, pursuant to Federal Rule of Evidence 615. The Court GRANTS this 10 request. 11 E. Impermissible Lay Witness Testimony 12 Defendants seek to preclude non-expert lay witnesses from offering testimony regarding police 13 practices, medical causation, or the reasonableness of medical damages on the basis that lay witnesses 14 have not been disclosed as experts and lack sufficient expertise in these subjects. The Court GRANTS 15 16 17 18 19 20 this request. F. Evidence of Other Lawsuits Defendants move to preclude evidence of other lawsuits against Defendants or any City of Ceres police officer or other incidents involving the City of Ceres Police Department. The Court GRANTS this request subject to the following limitation: testimony regarding these issues shall not be 21 offered in front of the jury unless a motion is first made outside the presence of the jury. 22 // 23 // 24 // 25 26 27 28 // // // 2 1 2 G. Personnel Matter Defendants seek to exclude questions regarding personnel matters, prior complaints concerning 3 job performance or prior disciplinary issues as to Defendant CPD officers or any other CPD officer 4 who testifies in this matter. This request is GRANTED with the caveat that questions may be asked and 5 evidence may be admitted for the purpose of a true rebuttal. 6 7 8 9 10 III. ORDER The Court GRANTS Defendants’ motions in limine, subject to limitations discussed above. The hearing scheduled for January 12, 2015 is VACATED. 11 SO ORDERED 12 Dated: January 6, 2015 13 /s/ Lawrence J. O’Neill United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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