Snyder v. Phelps et al

Filing 161

MOTION in Limine to Exclude References to Life Insurance and Benefits Received from the Military by Albert Snyder. Responses due by 10/26/2007 (Attachments: # 1 Text of Proposed Order)(Summers, Sean)

Snyder v. Phelps et al

Doc. 161

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 EXCLUDE REFERENCES TO LIFE INSURANCE AND BENEFITS RECEIVED FROM THE MILITARY Plaintiff, Albert Snyder, by and through counsel, files the within Motion in Limine to Exclude References to Life Insurance and Benefits Received from the Military. 1. As part of defendants' proposed Pretrial Order, defendants identified

"[d]ocuments showing the benefits received by plaintiff from the military due to the death of his son" as an exhibit. 2. Plaintiff is not sure what specific document that defendants are referring to.

However, plaintiff received a payment concerning the return of a portion of the Montgomery G.I. Bill. Plaintiff does not recall the specific amount but believes that it was approximately $600. 3. Defendants have identified Dr. Blumberg as an expert witness and produced a

report from Dr. Blumberg.1 4. In the aforementioned report, Dr. Blumberg refers to life insurance received by

plaintiff and plaintiff's ex-wife. See Doc. No. 152, Ex. A to Motion in Limine to Preclude Dr. Blumberg from Presenting Hearsay Evidence, pp. 5, 9, 11 & 16.
1

This report was submitted under seal previously and, therefore, is not being attached again. Doc. No. 152.

1
Dockets.Justia.com

5.

Motions in Limine are due on or before the Pretrial Conference scheduled on

October 15, 2007. 6. Military death benefits and life insurance do not demonstrate "any tendency to

make the existence of any fact that is of consequence to the determination of the action more probable or less probable then it would be without the evidence." Fed. R. Civ. P. 401. Consequently, evidence concerning military death benefits and life insurance is not admissible. Fed. R. Civ. P. 402. WHEREFORE, plaintiff Albert Snyder respectfully requests that this Honorable Court exclude any evidence concerning military death benefits and life insurance. 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] Craig T. Trebilcock Shumaker Williams PC 135 North George Street York, PA 17401 [phone] Attorneys for Plaintiff
2071448

2

CERTIFICATE OF SERVICE I hereby certify that on this date true and correct copies of Plaintiff's Motion in Limine to Exclude References to Life Insurance and Benefits Received from the Military 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 9, 2007