Daniel et al v. Ford Motor Company
Filing
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ORDER signed by Senior Judge William B. Shubb on 9/13/2017 DENYING #172 Defendant's Motion in Limine. (Kirksey Smith, K)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARGIE DANIEL, individually
and on behalf of a class of
similarly situated
individuals,
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CIV. NO. 2:11-02890 WBS EFB
ORDER RE: MOTION IN LIMINE
Plaintiff,
v.
FORD MOTOR COMPANY, a
Delaware corporation,
Defendant.
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Before the court is defendant’s Motion in Limine to
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Exclude Tire Wear Complaints (Docket No. 172).
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that if the complaints are used to prove the truth of the matters
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asserted therein, specifically that the tire wear issues
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complained of actually occurred as described, the complaints are
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improper hearsay.
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that the complaints will not be offered to prove the truth of the
See Fed. R. Evid. 801(c).
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The court agrees
However, it appears
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matter asserted, but rather will be offered to prove defendant’s
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notice of potential defects.
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the complaints as hearsay at this time.
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Thus, the court will not exclude
To the extent that defendant contends that the
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complaints are not relevant absent a showing of substantial
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similiarity or that the probative value of the complaints is
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outweighed by the dangers of unfair prejudice, confusion of the
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issues, misleading the jury, waste of time, or needless
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presentation of cumulative evidence, those arguments are better
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considered if and when the evidence is offered at the time of
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trial.
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respective trial briefs.
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The parties are encouraged to raise these issues in their
IT IS THEREFORE ORDERED that defendant’s Motion in
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Limine (Docket No. 172) be, and the same hereby is, DENIED,
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without prejudice to the issues being raised in the trial briefs
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and timely reasserted at the time of trial.
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Dated:
September 13, 2017
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