Lassiter v. Pinnacle Financial Group Incorporated

Filing 58

ORDER granting the pending motions in limine 43 , 44 , 46 , and 47 , and denying as moot 42 Motion to Consolidate, by Judge Christine M. Arguello on 3/31/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello
Civil Action No. 12-cv-02992-CMA-MJW
PHEBE LASSITER,
Plaintiff,
v.
INTEGRITY SOLUTION SERVICES, INC., a Missouri corporation,
f/k/a Pinnacle Financial Group Incorporated, a Minnesota corporation,
Defendant.

ORDER ON MOTIONS IN LIMINE

This matter is before the Court on motions in limine filed by both parties. (Doc.
## 42, 43, 44, 46, 47.) Three of these motions are unopposed and are granted for the
reasons articulated in the motions. (Doc. ## 43, 44, 46.) Plaintiff has represented that
his Motion to Consolidate (Doc. # 42) has been “mooted” by subsequent events in a
related case. (Doc. # 53.)
This leaves Defendant’s motion to Exclude Reference to Damages Being
Minimal. (Doc. # 47.) The Motion to Exclude represents that Plaintiff opposes the
motion but no response has been filed as of this date. In any case, as the motion
states: “Defendant anticipates that Plaintiff may argue to the jury that the amount of
damages claimed in this case is minimal as compared with the alleged size and wealth
of Defendant.” (Doc. # 47 at 1.) Further, Defendant makes reference to an earlier case

in which counsel for plaintiff stated that the amount of damages asked for by another
FDCPA plaintiff was the equivalent of a “parking ticket,” given the apparent size and
profitability of another defendant’s business. (Id.) Plaintiff invokes Rule 403 and
argues that such an argument would be unduly prejudicial. The Court concurs in this
(unrebutted) reasoning and instructs counsel for Plaintiff that it is prohibited from making
a similar argument at trial in this case.
Accordingly, it is ORDERED that the pending motions in limine (Doc. ## 43, 44,
46, 47) are GRANTED. The Motion to Consolidate (Doc. # 42) is DENIED as moot.
DATED: March

31

, 2014
BY THE COURT:

________________________________
CHRISTINE M. ARGUELLO
United States District Judge

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