Bonzani v. Shinseki et al

Filing 158

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/17/2014 ORDERING [ 155 ] Defendants' motion in limine number one is DENIED; Defendants' motion in limine number two is DENIED; Defendants' motion in limine number three is DENI ED in PART; The motion to exclude Dr. Baker is DENIED, and the court reserves ruling on the admissibility of plaintiff's trial exhibits numbers 7, 8, 105, 106, 107; Defendants' motion in limine number four is GRANTED as to defendants' request for a finding that plaintiff is not entitled to punitive damages and withdrawn in all other regards; Defendants' motion in limine number 5 is GRANTED as to plaintiffs trial exhibit number; The court reserves ruling on the remaining issue s raised in the motion; Plaintiff's motion in limine number one is DENIED; Plaintiff's motion in limine number two is GRANTED; Plaintiff's motion in limine number three is DENIED; The court reserves ruling on plaintiff's motions in limine numbers 4 through 6. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MATTHEW BONZANI,

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No. 2:11-cv-0007-EFB

Plaintiff,
v.

ORDER

ROBERT A. McDONALD, Secretary of
Veterans Affairs; SCOTT HUNDAHL,
M.D.,
Defendants.

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This matter was before the court on October 15, 2014 for hearing on the parties’ motions

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in limine. ECF Nos. 125, 131, 130, 132, 133, 134. Attorneys Joanne DeLong and Mark Wasser

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appeared on behalf of the plaintiff; attorney Lynn Ernce and Alyson Berg appeared on behalf of

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defendants. For the reasons stated on the record, the court ordered as follows:

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1. Defendants’ motion in limine number one is denied;

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2. Defendants’ motion in limine number two is denied;

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3. Defendants’ motion in limine number three is denied in part. The motion to exclude

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Dr. Baker is denied, and the court reserves ruling on the admissibility of plaintiff’s trial exhibits

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numbers 7, 8, 105, 106, 107.

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4. Defendants’ motion in limine number four is granted as to defendants’ request for a
finding that plaintiff is not entitled to punitive damages and withdrawn in all other regards.
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5. Defendants’ motion in limine number 5 is granted as to plaintiff’s trial exhibit number
29. The court reserves ruling on the remaining issues raised in the motion.

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6. Plaintiff’s motion in limine number one is denied.

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7. Plaintiff’s motion in limine number two is granted.

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8. Plaintiff’s motion in limine number three is denied.

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9. The court reserves ruling on plaintiff’s motions in limine numbers 4 through 6.

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DATED: October 17, 2014.

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