Wood v. Corrections, ID Dept, et al

Filing 442

ORDER Defendant's Motion for Reconsideration (Dkt. 436 ) is GRANTED. Plaintiff may ask the Court to reconsider its decision during trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

LANCE WOOD,
Case No. 3:04-cv-00099-BLW
Plaintiff,
ORDER
v.
IDAHO DEPARTMENT OF
CORRECTIONS, et. al.,
Defendants.

The Court has before Defendant’s Motion for Reconsideration (Dkt. 436).
Defendant asks the Court to reconsider its decision to deny without prejudice Defendant’s
motion to exclude any claims or allegations brought in Plaintiff’s retaliation action
and any events Plaintiff alleges to have occurred since his transfer to ISCI. The Court will
reconsider its decision, but with some clarification.
The Court did not say in its pre-trial order that such evidence will be admitted at
trial. The evidence will not be admitted to prove the allegations in Plaintiff’s other case,
and the Court does not see its relevance at this point. However, it may be relevant
impeachment evidence, or it may be relevant depending upon other evidence admitted at
trial. Thus, the Court is not categorically precluding it. Accordingly, the evidence will be

ORDER - 1

excluded at this point, but Plaintiff may move to admit it if he can show that it is relevant
impeachment evidence or otherwise relevant through trial.
ORDER
IT IS ORDERED:
1.

Defendant’s Motion for Reconsideration (Dkt. 436) is GRANTED.
Plaintiff may ask the Court to reconsider its decision during trial as
explained above.

DATED: December 13, 2012

B. LYNN WINMILL
Chief U.S. District Court Judge

ORDER - 2