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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KENNETH CARRETHERS,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-09-1101 EMC

BAY AREA RAPID TRANSIT, et al.,

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ORDER RE PLAINTIFF'S MOTION IN
LIMINE #1

Defendants.
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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.

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The Court hereby clarifies that the last sentence should state, "The Court therefore GRANTS the
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motion to exclude this evidence, although it will not bar Defendants from moving to introduce the
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evidence if Plaintiff opens the door to such evidence."
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IT IS SO ORDERED.
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Dated: November 17, 2011

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_________________________
EDWARD M. CHEN
United States District Judge