Toffoloni v. LFP Publishing Group, LLC

Filing 198

MOTION in Limine to Exclude the Testimony of Plaintiff's Witnesses with Brief In Support by LFP Publishing Group, LLC. (Attachments: # 1 Brief re Exclusion of Testimony of Plaintiff's Witnesses)(Solomon, Darrell)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA

MAUREEN TOFFOLONI,
as Administrator and Personal
Representative of the ESTATE
OF NANCY E. BENOIT,

CASE NO. 1:08-cv-00421-TWT

Plaintiff,
vs.
LFP PUBLISHING GROUP, LLC,
d/b/a Hustler Magazine, et al.,
Defendant.
DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
TESTIMONY OF PLAINTIFF’S WITNESSES AT TRIAL
NOW COMES Defendant LFP Publishing Group LLC, d/b/a Hustler
Magazine (“LFP”), and respectfully moves this Honorable Court to exclude the
trial testimony of Plaintiff’s husband, Paul Toffoloni, and her daughter, Sandra
Toffoloni (collectively, the “Witnesses”).
First, Plaintiff did not provide the Witnesses’ names in her Initial
Disclosures and did not supplement the Initial Disclosures to include the
Witnesses’ identities pursuant to Fed. R. Civ. P. 26(a)(1),

26(e), and 37(c).

Second, any testimony to be provided by the Witnesses would be irrelevant to the
limited issues requiring the consideration of the jury in this case, and any probative

value their testimony might have is outweighed by the danger of unfair prejudice.
A brief in support of this motion is being submitted herewith.
WHEREFORE, for the reasons above and those set forth in the supportive
brief filed herewith, LFP respectfully prays that this Court exclude the Witnesses
because neither was timely disclosed; neither can offer relevant testimony; and
because whatever probative value their testimony could possibly have is
substantially outweighed by the likelihood of unfair prejudice to LFP.

Respectfully submitted this 20th day of May 2011.

/s/ Darrell J. Solomon
James C. Rawls
Georgia Bar No. 596050
Barry J. Armstrong
Georgia Bar No. 022055
S. Derek Bauer
Georgia Bar No. 042537
Darrell J. Solomon
Georgia Bar No. 305922
McKENNA LONG & ALDRIDGE LLP
303 Peachtree Street, NE, Suite 5300
Atlanta, Georgia 30308
[phone]
[phone] (facsimile)

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Pro hac vice:
Paul J. Cambria, Jr.
Jeffrey Reina
William M. Feigenbaum
LIPSITZ GREEN SCIME CAMBRIA
LLP
42 Delaware Avenue, Suite 120
Buffalo, New York 14202-3924
[phone]
[phone] (facsimile)
Attorneys for LFP Publishing Group,
LLC

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CERTIFICATE OF SERVICE
This is to certify that I have this day filed the within and foregoing
DEFENDANT’S MOTION IN LIMINE TO EXCLUDE TESTIMONY OF
PLAINTIFF’S WITNESSES AT TRIAL via the CM/ECF system which will
automatically send notification to Plaintiff’s attorneys of record, who are
participants in the CM/ECF system.
This 20th day of May 2011.
/s/ Darrell J. Solomon
Darrell J. Solomon
McKENNA LONG & ALDRIDGE LLP
303 Peachtree Street, NE, Suite 5300
Atlanta, Georgia 30308
[phone]
[phone] (facsimile)
ATLANTA:5306210.1

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