Campbell v. National Passenger Railroad Corporation et al

Filing 175

ORDER re 161 GRANTING STIPULATION Regarding Unopposed Motions in Limine. Signed by Judge CLAUDIA WILKEN on 1/13/09. (scc, COURT STAFF) (Filed on 1/13/2009)

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Patrick C. Mullin (SBN 72041) Dylan B. Carp (SBN 196846) JACKSON LEWIS LLP 199 Fremont Street, 10th Floor San Francisco, California 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK and JOE DEELY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JOHN EARL CAMPBELL, Plaintiff, v. NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK, JOE DEELY, and DOES 1-15, inclusive, Defendants.

Case No. C05-05434 CW STIPULATION REGARDING UNOPPOSED MOTIONS IN LIMINE AND ORDER Pretrial Conf: January 13, 2009 Time: 2:00 p.m. Courtroom: Ctrm 2, 4th Floor, 1301 Clay Street, Oakland Judge: Hon. Claudia Wilken Trial: February 9, 2009

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Case No. C05-05434 CW

STIPULATION REGARDING UNOPPOSED MOTIONS IN LIMINE AND [PROPOSED] ORDER

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Plaintiff John Earl Campbell and Defendant National Railroad Passenger Corporation ("Amtrak") hereby stipulate that the following motions in limine are unopposed and request that the Court sign the proposed order below. I. Plaintiff's motions. A. Motion in Limine to exclude evidence of Plaintiff's prior workers compensation

lawsuit and settlement in 1992. B. Motion in Limine to exclude reference to Plaintiff's counsel's prior and current

representation in cases against Defendant Amtrak, Joe Deely, and Steve Shelton. C. Motion in Limine to exclude any discussion of when Plaintiff sought legal counsel

and filed this lawsuit. D. Motion in Limine to exclude evidence of Plaintiff's use of his savings and

insurance payments after his termination from Amtrak. II. Defendant's motions. A. Motion in Limine to exclude any evidence on the subject of the Morgan v. Amtrak

or Howard v. Amtrak actions previously tried in the Northern District of California or the Campbell v. Amtrak class action filed in the U. S. District Court for the District of Columbia, as well as any other lawsuit, claim, charges, verdict, settlement, consent decree or legal judgment against or involving Amtrak. B. Motion in Limine to exclude evidence or mention of the expenses of litigation

and/or attorney's fees incurred and mention of the size, locale, and nature of practice of any party's law firm in this case, as well as the number of attorneys who have worked on this case. / / / / / /

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Case No. C05-05434 CW

STIPULATION REGARDING UNOPPOSED MOTIONS IN LIMINE AND [PROPOSED] ORDER

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C.

Motion in Limine to exclude any witness who is not a designated party

representative from attending or observing any aspect of the trial prior to their testimony. Respectfully submitted, Date: January 6, 2009 JACKSON LEWIS LLP By: s/Dylan B. Carp Patrick C. Mullin Dylan B. Carp Attorneys for Defendant NATIONAL RAILROAD PASSENGER CORPORATION dba AMTRAK, and JOE DEELY Date: January 6, 2009 PRICE AND ASSOCIATES By: s/Pamela Y. Price Pamela Y. Price Attorney for Plaintiff JOHN EARL CAMPBELL ORDER The Court, having reviewed the above Stipulation, GRANTS the unopposed Motions In Limine listed above. It is so ordered. Dated: January _13, 2009 __________________________________ Hon. Claudia Wilken U.S. District Court Judge

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Case No. C05-05434 CW

STIPULATION REGARDING UNOPPOSED MOTIONS IN LIMINE AND [PROPOSED] ORDER

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H:\N\National Railroad Passenger Corp (40707)\Campbell (89560)\Trial Prep\Mtns in Limine\Revised and Final MILs\DBC Revisions\20090105 Stip re MIL.doc

Case No. C05-05434 CW