Binkovich et al v. Barthelmy et al

Filing 57

ORDER ON MOTIONS-IN-LIMINE by Judge Paul S. Grewal granting in part and denying in part 47 Motion in Limine; granting 49 Motion in Limine; granting in part and denying in part 50 Motion in Limine (psglc3S, COURT STAFF) (Filed on 4/8/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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ALEXANDER BINKOVICH

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Plaintiff,
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v.
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OFFICER BARTHELMY, BADGE NO. 4066, )
et al,
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Defendants.
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)

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Case No. 5:11-cv-3774-PSG
ORDER ON MOTIONS-IN-LIMINE
(Re: Docket Nos. 47, 49, 50)

Earlier today, the parties appeared for a pretrial conference on these motions. In the interest
of clarity, the court now summarizes the rulings it issued during the hearing.

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Docket

Document

Defendants’ MotionsIn-Limine

Evidence of internal affairs
investigation files

DENIED
GRANTED

Exclude witnesses from the
courtroom

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GRANTED, except for
purposes of proving attorney’s
fees for damages

Exclude evidence of witness’
misdemeanor conviction

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DENIED

Evidence of lack of criminal
prosecution

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Result

Evidence of complaints
against defendant officers

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Seeking To Exclude

GRANTED

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Case No. 5:11-cv-3774-PSG
ORDER ON MOTIONS-IN-LIMINE

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49

Plaintiff’s Motion-InLimine No. 1

Evidence of prior arrests or
misdemeanors

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Plaintiff’s Motion-InLimine No. 2

Characterizations as a
bachelor party and/or
strippers

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GRANTED, unless the door is
opened or evidence is
specifically permitted under
Fed. R. Evid. 609(a)(2).
GRANTED with respect to
the words “stripper(s),”
“hooker(s),” “bachelor party,”
and gendered descriptions of
the two female guests;
otherwise DENIED.

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IT IS SO ORDERED.
Dated: April 8, 2014

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

United States District Court
For the Northern District of California

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Case No. 5:11-cv-3774-PSG
ORDER ON MOTIONS-IN-LIMINE