Margie Daniel et al v. Ford Motor Company

Filing 181

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 MARGIE DANIEL, individually and on behalf of a class of similarly situated individuals, 14 15 16 17 18 CIV. NO. 2:11-02890 WBS EFB ORDER RE: MOTION IN LIMINE Plaintiff, v. FORD MOTOR COMPANY, a Delaware corporation, Defendant. 19 ----oo0oo---- 20 21 Before the court is defendant’s Motion in Limine to 22 Exclude Tire Wear Complaints (Docket No. 172). 23 that if the complaints are used to prove the truth of the matters 24 asserted therein, specifically that the tire wear issues 25 complained of actually occurred as described, the complaints are 26 improper hearsay. 27 that the complaints will not be offered to prove the truth of the See Fed. R. Evid. 801(c). 28 1 The court agrees However, it appears 1 matter asserted, but rather will be offered to prove defendant’s 2 notice of potential defects. 3 the complaints as hearsay at this time. 4 Thus, the court will not exclude To the extent that defendant contends that the 5 complaints are not relevant absent a showing of substantial 6 similiarity or that the probative value of the complaints is 7 outweighed by the dangers of unfair prejudice, confusion of the 8 issues, misleading the jury, waste of time, or needless 9 presentation of cumulative evidence, those arguments are better 10 considered if and when the evidence is offered at the time of 11 trial. 12 respective trial briefs. 13 The parties are encouraged to raise these issues in their IT IS THEREFORE ORDERED that defendant’s Motion in 14 Limine (Docket No. 172) be, and the same hereby is, DENIED, 15 without prejudice to the issues being raised in the trial briefs 16 and timely reasserted at the time of trial. 17 Dated: September 13, 2017 18 19 20 21 22 23 24 25 26 27 28 2

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