Every et al v. City of Thibodaux et al

Filing 146

ORDER & REASONS: ORDERED that 132 Motion to Exclude Video Deposition Testimony of Dr. Christopher Cenac, Sr. is DENIED. Signed by Judge Jay C. Zainey. (cml)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JACKALENE ROSA JOHNSON and DAWAN RENE
EVERY

CIVIL ACTION

VERSUS

NO. 14-2369

CITY OF THIBODAUX, ET AL.

SECTION A(2)

ORDER AND REASONS
Before the Court is Plaintiffs’ Motion to Exclude Video Deposition Testimony of Dr. Christopher
Cenac, Sr. (Rec Doc. 132). Defendants oppose Plaintiffs’ Motion (Rec. Doc. 136). Plaintiff replied to
Defendants’ opposition (Rec. Doc. 137-1). Trial on this matter is set to begin on October 3, 2016 at 8:30 a.m.
Plaintiffs seek to exclude the video deposition of Dr. Christopher Cenac, Sr. in its entirety pursuant to
Federal Rules of Evidence Rule 702 and Rule 403. (Rec. Doc. 132-1, Pg. 6). Defendants oppose Plaintiffs’
Motion arguing that it is untimely and cumulative. (Rec. Doc. 136, Pg. 1-2).
The Court ordered the parties to file any motions in limine on medical issues on or before September
12, 2016. (Rec. Doc. 92, Pg. 2). Plaintiffs filed the instant Motion on September 22, 2016. Thus, Plaintiffs’
Motion is untimely. Additionally, the Court agrees with Defendants that Plaintiffs’ Motion is cumulative and
merely the same arguments that they made in their Motion in Limine to Exclude Expert Testimony and
Alternative Motion for Daubert Hearing (Rec. Doc. 77), on which the Court has already ruled.
Accordingly;
IT IS ORDERED that Plaintiffs’ Motion to Exclude Video Deposition Testimony of Dr.
Christopher Cenac, Sr. (Rec Doc. 132) is DENIED.
New Orleans, Louisiana, September 27, 2016

__________________________________
THE HONORABLE JAY C. ZAINEY
UNITED STATED DISTRICT JUDGE

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