Arrington v. Born-n-Raised, Inc. et al

Filing 147

ORDER denying 98 Plaintiff's Motion for Sanctions. Granting 99 Defendant's Motion in Limine. Denying without prejudice 100 Defendant's Motion in Limine. Granting 101 Defendant's Motion in Limine. Denying without prejudice 102 Defendant's Motion in Limine. Denying 103 Defendant's Motion in Limine. Granting 104 Defendant's Motion in Limine, by Judge Lewis T. Babcock on 11/1/2013. (eseam)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Lewis T. Babcock, Judge Civil Action No. 12-cv-00172-LTB-KLM TROY R. ARRINGTON, II, Plaintiff, v. BORN-N-RAISED, INC., and TIMOTHY R. CHAVEZ, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Pursuant to my Order dated May 17, 2013, the parties have filed nine motions in limine. Two of these motions relate to proposed expert testimony (see Doc #s 97 & 105) and will be addressed separately. With respect to the remaining motions in limine, IT IS HEREBY ORDERED as follows: 1. Plaintiff’s Motion for Sanctions for Spoliation of Evidence [ Doc # 98] is DENIED; 2. Defendant’s Motion in Limine re: Traffic Citation, Criminal Proceedings, and Investigating Officer’s Opinions [Doc # 99] is GRANTED; 3. Defendant’s Motion in Limine re: Insurance [Doc # 100] is DENIED WITHOUT PREJUDICE; 4. Defendant’s Motion in Limine re: Workers’ Compensation Impairment Rating [Doc # 101] is GRANTED; 5. Defendant’s Motion in Limine re: Defendant’s Opinions [Doc # 102] is DENIED WITHOUT PREJUDICE; 6. Defendant’s Motion in Limine re: Unreliable Claim Note [ Doc # 103] is DENIED but the Court will give an appropriate limiting instruction regarding the fact that Defendant has insurance; and 7. Defendant’s Motion in Limine re: Plaintiff’s Social Security Disability [ Doc # 104] is GRANTED. Dated: November 1 , 2013 in Denver, Colorado. BY THE COURT: s/Lewis T. Babcock LEWIS T. BABCOCK, JUDGE

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