Snyder v. Phelps et al

Filing 163

MOTION in Limine to Limit the Number of Fact Witnesses the Defendants are Able to Present by Albert Snyder. Responses due by 10/29/2007 (Attachments: # 1 Text of Proposed Order)(Summers, Sean)

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Snyder v. Phelps et al Doc. 163 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 LIMIT THE NUMBER OF FACT WITNESSES THAT THE DEFENDANTS ARE ABLE TO PRESENT Plaintiff, Albert Snyder, by and through counsel, files the within Motion in Limine to Limit the Number of Fact Witnesses that Defendants are able to Present. 1. Defendants, by and through their proposed Pretrial Order, disclosed their witness list. Doc. No. 159. 2. 3. Defendants identified fifty-four fact witnesses and four expert witnesses. Trial is scheduled to begin on October 22, 2007, and two weeks have been allotted for trial. 4. During the two week trial period, defendants have requested (by means of their proposed Pretrial Order, Doc. No. 159) that trial recess by noon on Friday, October 26, 2007, and reconvene on Tuesday, October 30, 2007. 5. Upon information and belief, many of the identified witnesses will not have firsthand knowledge of the alleged claims or purported defenses. Therefore, the witnesses should be precluded from testifying. 1 Dockets.Justia.com 6. Alternatively, fifty-four witnesses will result in "needless presentation of cumulative evidence." Fed. R. Civ. P. 403. 7. Upon information and belief, Defendants do not genuinely believe that fifty-four defense witnesses could be examined in two weeks, regardless of whether their request to end the first week early or begin the second week late is granted. 8. trial period. 9. The purpose of providing a witness list, among other things, is: (1) to allow the In addition, plaintiff is required to present his evidence during the same two week parties to prepare for trial; and (2) to prevent trial by ambush or unfair surprise. 10. Defendants' fifty-four person fact witness list is tantamount to no notice of the witnesses who defendants genuinely believe will be called at trial. 11. Defendants should be limited to a reasonable amount of witnesses or time allotted for defense presentation. 12. Alternatively, defendants should be required to proffer the proposed testimony of each and every witness they have designated during or immediately following the pretrial conference. 2 WHEREFORE, plaintiff, Albert Snyder, respectfully requests that this Honorable Court limit the number of fact witnesses the defendants are able to present. 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 (717) 846-8888 Craig T. Trebilcock Shumaker Williams PC 135 North George Street York, PA 17401 (717) 848-5134 Attorneys for Plaintiff 2072276 3 CERTIFICATE OF SERVICE I hereby certify that on this date true and correct copies of Plaintiff's Motion in Limine to Limit the Number of Fact Witnesses that the Defendants are able to Present 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 (717) 846-8888 Date: October 10, 2007

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