Batchelor v. GEICO Casualty Company

Filing 158

ORDER granting in part and denying in part 131 Motion in Limine; granting in part and denying in part 132 Motion in Limine. Signed by Judge Roy B. Dalton, Jr. on 1/22/2015. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DONNA R. BATCHELOR,
Plaintiff,
v.

Case No. 6:11-cv-1071-Orl-37GJK

GEICO CASUALTY COMPANY,
Defendant.
ORDER
This cause is before the Court on the following:
1.

Geico Casualty Company’s Motion in Limine (Doc. 131), filed November 20,
2014;

2.

Plaintiff’s Response in Opposition to Geico’s Motion in Limine (Doc. 133),
filed December 3, 2014;

3.

Plaintiff’s Motion in Limine (Doc. 132), filed November 26, 2014; and

4.

Geico Casualty Company’s Response in Opposition to Plaintiff’s Motions in
Limine and Incorporated Memorandum of Law (Doc. 135), filed
December 15, 2014.

In accordance with the Court’s rulings from the bench at the Final Pretrial
Conference on December 18, 2014, it is ORDERED AND ADJUDGED:
1.

Geico Casualty Company’s Motion in Limine (Doc. 131) is GRANTED IN
PART, DENIED IN PART, AND DENIED WITH LEAVE TO REASSERT.

2.

Plaintiff’s Motion in Limine (Doc. 132) is GRANTED IN PART, DENIED IN
PART, AND DENIED WITH LEAVE TO REASSERT.

3.

Defendant’s request to exclude all evidence concerning the events after
Plaintiff filed her civil remedy notices—including evidence concerning the
jury verdict in the state action—is DENIED.

4.

Plaintiff’s request to exclude evidence concerning Defendant’s tender of UM
Policy limits on November 28, 2007, and subsequent events is DENIED.

5.

Plaintiff’s request to exclude evidence concerning the October 14, 2005
automobile accident, and Defendant’s handling and resolution of her claim
arising from that accident is DENIED.

6.

Plaintiff’s request to exclude evidence concerning her attorney John
Alpizar’s practices in representing other personal injury claimants and
handling other bad faith cases is GRANTED.

7.

Plaintiff’s request to exclude evidence concerning any opinions of Geico’s
employees that John Alpizar seeks to “set up” bad faith claims is
GRANTED.

8.

The parties’ respective requests to exclude the opinions of the other’s
proffered expert witness—Susan Kaufman and John Atkinson—are
DENIED AS UNTIMELY.

9.

The parties’ remaining requests to exclude evidence prior to trial are
DENIED WITH LEAVE TO REASSERT during trial.

DONE AND ORDERED in Chambers in Orlando, Florida, on January 22, 2015.

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Copies:
Counsel of Record

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