Carrethers v. Bay Area Rapid Transit et al

Filing 88

ORDER RE PLAINTIFF'S MIL #1. Signed by Judge Edward M. Chen on 11/17/2011. (emclc2, COURT STAFF) (Filed on 11/17/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 KENNETH CARRETHERS, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-09-1101 EMC BAY AREA RAPID TRANSIT, et al., 12 ORDER RE PLAINTIFF'S MOTION IN LIMINE #1 Defendants. ___________________________________/ 13 14 15 16 17 18 19 In the Court's Final Pretrial Conference Order, Docket No. 80, the Court stated the following in ruling on Plaintiff's Motion in Limine #1: In their first motion, Plaintiff asks the Court to exclude any evidence of Plaintiff’s prior arrests, convictions, and previous drug and alcohol use. Defendants do not oppose the motion, although they would seek to introduce it as rebuttal “should Plaintiff introduce evidence, in whatever form, affirmatively suggesting the absence of a prior history of arrests, convictions and drug and alcohol use.” Opp. at 1. The Court therefore GRANTS the motion to exclude this evidence, although it will not bar Plaintiffs from moving to introduce the evidence if Defendants open the door to such evidence. 20 The Court hereby clarifies that the last sentence should state, "The Court therefore GRANTS the 21 motion to exclude this evidence, although it will not bar Defendants from moving to introduce the 22 evidence if Plaintiff opens the door to such evidence." 23 IT IS SO ORDERED. 24 25 Dated: November 17, 2011 26 27 28 _________________________ EDWARD M. CHEN United States District Judge

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