LONG v. FAIRBANK FARMS INC et al

Filing 344

ORDER ON MOTION IN LIMINE RE: Cargill Complaint granting without objection 274 Motion in Limine to Exclude Evidence. By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MARGARET LONG,
Plaintiff,
v.
FAIRBANK FARMS RECONSTRUCTION
CORP.,
Defendant & Third-Party
Plaintiff,
v.
GREATER OMAHA PACKING
COMPANY, INC.,
Third-Party Defendant.

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ORDER ON MOTION IN LIMINE
RE: Cargill Complaint
Before the Court is the Motion in Limine for an Order to Exclude Evidence Relating to Unproven
Allegations and Unproven Claims by Third-Party Defendant Greater Omaha Packing Company, Inc.
(“GOPAC”) (Docket # 274). The Motion is hereby GRANTED WITHOUT OBJECTION.
At trial, Third Party Plaintiff Fairbank Farms Reconstruction Corp. (“Fairbank”) shall not offer
evidence or make reference to the claims against GOPAC in the case of American Home Assurance
Company & Cargill Meat Solutions Corporation v. GOPAC, District of Nebraska Case No. 8:11-cv-270LES-TDT (the “Cargill Complaint”). This preliminary exclusion of evidence regarding the Cargill
Complaint is made WITHOUT PREJUDICE to Fairbank seeking to introduce evidence after a proffer at
sidebar should it believe that GOPAC has introduced evidence suggesting that GOPAC’s products have
never been connected to other outbreaks or recalls.

SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 17th day of October, 2011.