Henderson v. Turner et al

Filing 203

ORDER AND REASONS granting in part and denying in part 183 Motion in Limine as set forth in document. Signed by Judge Helen Ginger Berrigan on 02/26/2013. (kac)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

LATESHA HENDERSON, ET AL

CIVIL ACTION

VERSUS

NO. 11-39

MAJOR JOE TURNER, ET AL

SECTION: "C" (4)

ORDER AND REASONS
Before the Court is plaintiffs’ motion in limine to exclude defendants’ exhibits for failure
to produce many of them during discovery or on the basis of hearsay or relevance. Rec. doc. 183.
Defendants oppose this motion. Rec. Doc. 193. Having considered the record, the memoranda
of counsel and the law, the Court rules as follows.
IT IS ORDERED:
1. Plaintiffs’ motion to strike defense exhibit #6, Approved visitation list of Inmate
Dawkins is DENIED. Plaintiffs concede that the list was provided before the discovery
deadline.
2. Plaintiffs’ motion to strike defense exhibit #11 is MOOT. The Court has already ruled
on the admissibility of this exhibit. Rec. Doc. 168, p. 4-5. (Exhibit was originally produced to
the Court in Rec. Doc. 162 as an exhibit accompanying the motion in Rec. Doc. 138).
3. Plaintiffs’ motion to strike exhibits #17-#24 is GRANTED. Defendants agree not to
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use the exhibits as direct evidence during trial. Rec. Doc. 193, p. 3. Any objection to their use
for impeachment purposes may be raised at trial.
4. Plaintiffs’ motion to strike exhibit #25 is GRANTED IN PART and DENIED IN
PART. Defendants respond to plaintiffs’ motion by stating that any pictures to be used from
exhibit #25 will only be used as “demonstrative evidence” and that Exh. 25 was disclosed
because it was included in their exhibit list. Rec. Doc. 193, p. 3. Defendants will be limited to
use of exhibit #25 as “demonstrative evidence” at trial.

New Orleans, Louisiana this 26th day of February, 2013.

______________________________
HELEN G. BERRIGAN
UNITED STATES DISTRICT JUDGE

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