Beard v. Wolf et al

Filing 174

ORDER granting 154 Motion to Strike Witness List ; finding as moot 163 Motion in Limine Regarding Witnesses. Signed by Judge Jay C. Zainey. (jrc)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JANICE BEARD

CIVIL ACTION

VERSUS

NO: 13-4772

CRANE PAUL WOLF, ET AL.

SECTION: "A" (5)

ORDER
Defendants' Second Motion to Strike (Rec. Doc. 154) is GRANTED as to all
witnesses designated "May Call" on Plaintiff's July 16, 2015 Witness List (Rec. Doc. 150). At
the pretrial conference the Court was specific as to the purpose of the "Will Call" list, and the
Court's Pretrial Conference Minute Entry expressly admonishes that any witness whose name
does not appear on the Will Call list will not be allowed to testify at trial. (Rec. Doc. 149 at 5).
Defendants' Motion in Limine Regarding Witnesses (Rec. Doc. 163) is now
MOOT as to the witnesses that Plaintiff designated as May Call. The issues with Drs. Hatzis
and Bowlin will be addressed separately as part of Defendants' objections to deposition
testimony.
In her opposition to this motion, Plaintiff alludes to an insurance adjuster for the
Sheriff which the Court found perplexing because Plaintiff has not asserted a claim against
the Sheriff's insurer, and the Sheriff has not sued his insurer for indemnity.1 In short, no
insurance company is a party to this proceeding. Therefore, both parties should understand
that Contested Issue of Law 9(G) at page 10 of the Joint Pretrial Order (Rec. Doc. 148), i.e.,

1

Plaintiff tried to bring in Columbia Casualty in as a defendant (Rec. Doc. 101, Deficient
Second Amended Complaint) but Plaintiff failed to appear at the hearing before the magistrate
judge. Because Defendants opposed the amendment, the motion to amend to bring in another
party was dismissed. (Rec. Doc.111)
Ruling on Witness Motions (154 & 163)

1

"Whether TPSO's insurance policy provides coverage, which depends upon the jury's basis for
any determination of liability," will not be tried before this Court, and interrogatories specific
to this issue that do not pertain to the causes of action being tried will not be added to the
verdict form as doing so would only confuse the jury. Counsel shall make no reference to
insurance during the trial.
The motion is GRANTED as to Sheriff Daniel Edwards who was not present for the
incident between Beard and Wolf. The motion is GRANTED as to Captain Don Alexander
who was not present for the incident and has no admissible evidence to offer.2
August 6, 2015

_______________________________
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

2

Plaintiff does not allude to a purpose for calling Alexander as a witness. The Court
assumes, based on its review of the objections to exhibits (and responses) and motion in limine
(and response), that the purpose of calling Don Alexander would be to relate what other
witnesses told him regarding the incident with Wolf when Alexander attempted an internal
investigation. All of those witness statements are hearsay within hearsay and the Court is
excluding them.
Ruling on Witness Motions (154 & 163)

2