Snyder v. Phelps et al

Filing 166

MOTION in Limine to Exclude any Evidence Concerning Plaintiff's "Court File" in his Divorce Action by Albert Snyder. Responses due by 10/29/2007 (Attachments: # 1 Text of Proposed Order)(Summers, Sean)

Snyder v. Phelps et al

Doc. 166

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 ANY EVIDENCE CONCERNING PLAINTIFF'S "COURT FILE" IN HIS DIVORCE ACTION Plaintiff, Albert Snyder, by and through counsel, files the within Motion in Limine to Exclude any Evidence Concerning Plaintiff's "Court File" in his Divorce Action. 1. By means of a discovery request, defendants requested plaintiff's documents

concerning his divorce and plaintiff produced the same. In short, plaintiff was in possession of a divorce Settlement Agreement and nothing else. 2. Defendants provided their exhibit list (by means of their proposed Pretrial Order,

Doc. No. 159) and have included "[c]ourt file in divorce action of plaintiff" as an exhibit. 3. Plaintiff does not know what the aforementioned exhibit refers to. Regardless,

any such Court file is irrelevant to the within claims or purported defenses. 4. Assuming arguendo that whether plaintiff is divorced is relevant, this fact can be

established without the necessity of documents. Indeed, plaintiff has admitted that he is divorced. 5. Court documents in a divorce action will likely confuse or mislead a jury.

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WHEREFORE, plaintiff Albert Snyder respectfully requests that this Honorable Court preclude defendants' exhibit identified as "[c]ourt file in divorce action of plaintiff." 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
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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 Exclude any Evidence Concerning Plaintiff's "Court File" in his Divorce Action 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 11, 2007