Snyder v. Phelps et al

Filing 160

MOTION in Limine to Prevent Westboro Baptist Church, Inc., from Changing its Corporate Designee by Albert Snyder. Responses due by 10/25/2007 (Attachments: # 1 Text of Proposed Order)(Summers, Sean)

Snyder v. Phelps et al

Doc. 160

IN THE UNITED STATES DISTRICT COURT DISTRICT OF MARYLAND ALBERT SNYDER, Plaintiff Civil Action No. 06-CV-1389 RDB v. FRED W. PHELPS, SR., SHIRLEY L. PHELPS-ROPER; REBEKAH A. PHELPS-DAVIS; and WESTBORO BAPTIST CHURCH, INC. Defendants PLAINTIFF'S MOTION IN LIMINE TO PREVENT DEFENDANT WESTBORO BAPTIST CHURCH, INC. FROM CHANGING ITS CORPORATE DESIGNEE Plaintiff, Albert Snyder, by and through counsel, files the within Motion in Limine to Prevent Defendant Westboro Baptist Church, Inc., from Changing Corporate Designees. 1. (Doc. No. 31) 2. Subsequently, Defendant Westboro Baptist Church, Inc. (hereinafter "WBC") On November 28, 2007, this Honorable Court ordered that all parties attend trial.

designated Tim Phelps as its corporate designee. Thereafter, Mr. Phelps was deposed as a corporate designee. 3. Subsequently, Plaintiff requested that WBC confirm that Mr. Timothy B. Phelps

would be present for trial and the corporate designee would not be changed. 4. 5. designees.
Plaintiff filed other motions in limine and incorrectly identified October 5, 2007 as the due date for the same. This Honorable Court previously ordered that motions in limine be filed before the pretrial conference, which is scheduled for October 15, 2007.
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Motions in Limine are due October 15, 2007.1 As of this date, WBC has not confirmed that it will not switch corporate

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Dockets.Justia.com

6.

Plaintiff has not designated any portions of the corporate designee's deposition

transcript to be used at trial pursuant to Fed.R.Civ.P. 32(a)(4). No testimony was designated pursuant to the aforementioned Rule because Plaintiff anticipated that the corporate designee would not be changed - especially at this late date. 7. In the event that Mr. Tim Phelps remains the corporate designee, Plaintiff does

not anticipate that any portion of the deposition will be utilized pursuant to Fed.R.Civ.P. 32(a)(4). 8. If WBC is permitted to switch its corporate designee at this late stage of the

proceedings, Plaintiff will request a reasonable degree of latitude concerning designating portions of Mr. Tim Phelps' deposition to be offered pursuant to Fed.R.Civ.P. 32(a)(4). 9. If WBC confirms that Mr. Tim Phelps will participate in trial as the corporate

designee, Plaintiff will withdraw the within motion. WHEREFORE, Plaintiff Albert Snyder respectfully requests that this Honorable Court preclude Defendant Westboro Baptist Church, Inc., from switching its corporate designee and Order that corporate designee Tim Phelps be present for trial. BARLEY SNYDER LLC By: /s/ Sean E. Summers ___________________________________ Paul W. Minnich Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone]

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Craig T. Trebilcock Shumaker Williams PC 135 North George Street York, PA 17401 [phone] Attorneys for Plaintiff
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CERTIFICATE OF SERVICE I hereby certify that on this date true and correct copies of Plaintiff's Motion in Limine to Prevent Defendant Westboro Baptist Church, Inc. from Changing Corporate Designee are being served in the following manner: Via ECF: Jonathan L. Katz, Esquire Marks & Katz, LLC 1400 Spring Street Suite 410 Silver Spring, MD 20910 Via First Class Mail: Shirley L. Phelps-Roper 3640 Churchill Road Topeka, KS 66604 Rebekah A. Phelps-Davis 1216 Cambridge Topeka, KS 66604 BARLEY SNYDER LLC By: /s/ Sean E. Summers ___________________________________ Paul W. Minnich Sean E. Summers 100 East Market Street P.O. Box 15012 York, PA 17405-7012 [phone]

Date: October 8, 2007