Stewart v. Cassidy

Filing 65

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/2/15 DENYING 40 ; GRANTING 43 , 44 , 45 , 46 , 47 and 49 Motions in Limine. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COLLEEN STEWART,

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No. 2:14-cv-0326 CKD

Plaintiff,
v.

ORDER

KEVIN CASSIDY,

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Defendant.

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The parties have filed motions in limine. Good cause appearing, IT IS HEREBY
ORDERED that:

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1. Plaintiff’s motion in limine (ECF No. 40) to redact the word “lesbian” from

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defendant’s medical record dated January 18, 2013 and replaced with the word “ugly” is denied.

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2. Defendant’s motion in limine (ECF No. 43) re: evidence contained in learned work is

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granted. The proffered procedures shall be utilized at trial in the event any party seeks to

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introduce evidence, for impeachment purposes, that is contained in a treatise, periodical, or

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pamphlet.

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3. Defendant’s motion in limine (ECF No. 44) re: jury disclosure of Dr. Robert Gillis’
death is granted. A jury instruction will be given regarding the death of Dr. Gillis.
4. Defendant’s motion in limine (ECF No. 45) re: MICRA applicability and its effect on
trial is granted.
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5. Defendant’s motion in limine (ECF No. 46) to exclude all witnesses from the
courtroom until they are called to testify at trial is granted.
6. Defendant’s motion in limine (ECF No. 47) to exclude evidence of defendant’s
professional liability insurance is granted.
7. Defendant’s motion in limine (ECF No. 49) to exclude Craig Pulsipher, D.D.S. from

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rendering any expert opinions relating to prosthodontic standard of care is granted.

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Dated: June 2, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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