Whitfield v. Hernandez et al

Filing 62

ORDER GRANTING and DENYING Plaintiff's Motions in Limine; ORDER VACATING HEARING on Motions in Limine, signed by Magistrate Judge Jennifer L. Thurston on 11/17/2015. The hearing on the Motions in Limine, set for 11/30/2015 at 10:00 AM, is VACATED. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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STEVEN WHITFIELD,

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Plaintiff,
v.

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JOHN HERNANDEZ, et al.,
Defendants.

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Case No.: 1:13-cv-0724 - JLT
ORDER GRANTING AND DENYING
PLAINTIFF’S MOTIONS IN LIMINE
(Doc. 56)
ORDER VACATING HEARING ON MOTIONS IN
LIMINE

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I.

Background
In this action brought under 42 U.S.C. § 1983, Plaintiff claims that in May 2013, Defendants

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unlawfully searched his bedroom, which he rented in the home belonging to Shirley Wells. At the

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time, Ms. Well’s brother, Eddie Wells, also lived in the home and was on active parole. Plaintiff claims

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that he did not give consent for Defendants to search his bedroom and they lacked a warrant to do so.

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As a result, he seeks damages under the Fourth Amendment for what he contends was an unlawful

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search. Defendants deny the search was unlawful and claim Plaintiff consented to the search.

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II.

Legal Standards Governing Motions in Limine

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“Although the Federal Rules of Evidence do not explicitly authorize in limine rulings, the

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practice has developed pursuant to the district court’s inherent authority to manage the course of trials.”

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Luce v. United States, 469 U.S. 38, 40 n. 2 (1984). The Ninth Circuit explained motions in limine

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“allow parties to resolve evidentiary disputes ahead of trial, without first having to present potentially
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prejudicial evidence in front of a jury.” Brodit v. Cabra, 350 F.3d 985, 1004-05 (9th Cir. 2003)

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(citations omitted).
Importantly, motions in limine seeking the exclusion of broad categories of evidence are

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disfavored. See Sperberg v. Goodyear Tire and Rubber Co., 519 F.2d 708, 712 (6th Cir. 1975). The

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Court “is almost always better situated during the actual trial to assess the value and utility of

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evidence.” Wilkins v. Kmart Corp., 487 F. Supp. 2d 1216, 1218 (D. Kan. 2007). The Sixth Circuit

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explained, “[A] better practice is to deal with questions of admissibility of evidence as they arise [in

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trial]” as opposed to ruling on a motion in limine. Sperberg, 519 F.2d at 712. Nevertheless, motions in

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limine are “an important tool available to the trial judge to ensure the expeditious and evenhanded

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management of the trial proceedings.” Jonasson v. Lutheran Child & Family Services, 115 F.3d 436,

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440 (7th Cir. 1997).

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“[A] motion in limine should not be used to resolve factual disputes or weigh evidence,” C & E

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Services, Inc. v. Ashland Inc., 539 F. Supp. 2d 316, 323 (D. D.C. 2008), because that is the province of

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the jury. See Reeves v. Sanderson Plumbing Products, 530 U.S. 133, 150 (2000).

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III.

Plaintiff’s Motions in Limine
Plaintiff’s First Set of Motions in Limine

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A.

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In his first set of motions, Plaintiff seeks to preclude the introduction of evidence of any felony

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conviction or any arrests or conviction of misdemeanor charges he suffered more than ten years ago.

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(Doc. 58 at 1) He seeks also to preclude Defendants from introducing evidence of lawsuits he filed

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more than 20 years in the past as well as any discipline he suffered while incarcerated more than 20

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years ago. Id. at 2.

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Defendants do not oppose these motions and agree that such evidence should not be admitted.

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(Doc. 61 at 2) Thus, the motions are GRANTED and no party or witness may mention that Plaintiff

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did or did not suffer felony or misdemeanor convictions or arrests on misdemeanor charges more than

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ten years old. Likewise, no party or witness may mention that Plaintiff did or did not suffer discipline

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while in prison or that he participated in litigation 20 years ago.
Plaintiff’s Second Motion in Limine

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B.

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In his second motion in limine, Plaintiff argues that his deposition testimony should not be
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admitted because Defendants failed to advise him of his right to review the deposition transcript to

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ensure its accuracy. (Doc. 58 at 2) Defendants oppose this motion and argue that they were not

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obligated to advise Plaintiff of this option and, to the contrary, he was obligated to request the

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opportunity to review the transcript before the end of the deposition. (Doc. 61 at 2-3)

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Notably, Federal Rules of Civil Procedure Rule 30(e) reads,

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On request by the deponent or a party before the deposition is completed, the deponent must be
allowed 30 days after being notified by the officer that the transcript or recording is available in
which:

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(A) to review the transcript or recording; and

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(B) if there are changes in form or substance, to sign a statement listing the changes and the
reasons for making them.

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Plaintiff fails to demonstrate that he demanded the right to review the transcript Defendants argue that

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he did not do so. The requirement of making the request is “clear and mandatory.” EBC, Inc. v. Clark

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Bldg. Sys., Inc., 618 F.3d 253, 265 (3d Cir. 2010) Because there is no showing that Plaintiff made the

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request and it was refused or thwarted in some fashion, the Court is required to deny the motion. In any

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event, Plaintiff fails to identify any portion of the transcript that he believes was in error. Thus,

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Plaintiff’s motion in limine is DENIED.

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ORDER

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Based upon the foregoing, the Court ORDERS:

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1.

Plaintiff’s motion related to convictions and misdemeanor arrests more than 10 years

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old, information related to prior litigation Plaintiff may have filed more than 20 years ago and prison

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discipline Plaintiff may have suffered more than 20 years ago, is GRANTED;
2.

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DENIED;

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Plaintiff’s motion in limine to preclude the introduction of his deposition testimony is

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3.

The hearing on the motions in limine, set on November 30, 2015 at 10:00 a.m. is

VACATED.

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IT IS SO ORDERED.
Dated:

November 17, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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