Crowe v. Marquette Transportation Company Gulf-Inland, LLC

Filing 94

ORDER and REASONS granting in part and denying in part 74 Motion to Exclude Evidence Related to Text and Facebook Messages, as stated within document. Signed by Judge Kurt D. Engelhardt on 7/15/2015. (cbs)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
BRANNON CROWE

CIVIL ACTION

VERSUS

NO. 14-1130

MARQUETTE TRANSPORTATION
COMPANY GULF-INLAND, LLC

SECTION "N" (5)

ORDER AND REASONS
Before the Court is the Plaintiff's "Motion to Exclude Evidence Related to Text and
Facebook Messages" (Rec. Doc. 74), which is opposed by Defendant Marquette Transportation
Company Gulf-Inland, L.L.C. With his motion, Plaintiff Brannon Crowe seeks to exclude from the
evidence certain text and Facebook messages – some of which relate to credibility, lack of
damages, and whether the alleged accident itself even occurred – purportedly sent or posted by him.
As set forth herein, IT IS ORDERED that Plaintiff's motion is GRANTED IN PART and
DENIED IN PART.
Having reviewed the parties' supporting and opposing submissions (Rec. Docs. 74-1, 78 and
87), the Court is not convinced, on the present showing made, that any and all evidence of text
messages between Plaintiff and Robert Falslev is properly excluded on grounds of admissibility.
Rather, the objections raised by Plaintiff regarding such evidence are instead properly brought to
the attention of the jury by means of cross-examination, such that the jury can determine what
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weight, if any, to give to the testimony and documentary evidence associated with the subject
messages. Thus, in this respect, IT IS ORDERED that Plaintiff's motion is DENIED.
Plaintiff's motion also objects to the introduction of any text messages that were reproduced
by forensic examination from his iPhone, and the some 4,000 pages of Facebook messages retrieved
from his Facebook history that have been produced herein, to the extent that the messages are
unrelated to the issues presented in this case. It presently is not apparent to the Court that more than
a few of these messages are relevant to the disputed issues of this case. Indeed, in responding to
Plaintiff's motion, Defendant Marquette characterizes many of the Facebook messages as "likely
irrelevant" and declines any intention of seeking to use at trial any such "data that is no relevant or
material." See Rec. Doc. 76, pp. 1 and 5. Accordingly, IT IS FURTHER ORDERED that
Plaintiff's motion is GRANTED to the extent that it seeks exclusion of messages that portray the
him in an unflattering or undesirable light but are not related to liability and/or damages. Given that
the parties have not specified the particular messages that each will seek to introduce at trial,
however, IT IS FINALLY ORDERED that the parties shall promptly confer for that purpose and,
no later than Monday, August 10, 2015 (two weeks before the trial date), provide to the Court a
copy of each and every such message, as well as a short memorandum explaining the evidentiary
value and relevance of the message.
New Orleans, Louisiana, this 15th day of July 2015.

_______________________________________
KURT D. ENGELHARDT
United States District Judge

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