Wynn et al v. State Farm Mutual Automobile Insurance Company

Filing 83

ORDER denying 67 Plaintiff's Motion in Limine to Exclude Statements and Writings by Dorothy Wallace, a Non-Party, to the Social Security Administration and the Family Independent Agency, etc. Signed by District Judge Avern Cohn. (JOwe)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEMARIA L. WYNN as Guardian for Duane L. Wallace, a protected individual, and DUANE L. WALLACE, a protected individual, Plaintiffs, -vsSTATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. / ORDER DENYING PLAINTIFF'S MOTION IN LIMINE TO EXCLUDE STATEMENTS AND WRITINGS BY DOROTHY WALLACE, A NON-PARTY, TO THE SOCIAL SECURITY ADMINISTRATION AND THE FAMILY INDEPENDENT AGENCY [ETC.] (DOC. 67)1 Case No. 06-10534 HON. AVERN COHN

This is an attendant care case under Michigan's No Fault Act. The jurisdiction of the Court is based on diversity. Plaintiff has filed a motion styled Motion in Limine to Exclude Statements and Writings by Dorothy Wallace, a Non-Party, to the Social Security Administration and the Family Independent Agency as Being Inadmissible Hearsay and More Prejudicial than Probative (doc. 67).

The Court reminds the parties that in the Sixth Circuit, a ruling on a motion in limine is advisory only. United States v. Yannott, 42 F.3d 999, 1007 (6th Cir. 1994). To preserve for appeal any issue relating to this decision, a party must raise the question at trial and obtain a final decision from the Court. See United States v. Luce, 713 F.2d 1236, 1239­40 (6th Cir. 1983).

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For the reasons stated on the record at a hearing on March 30, 2009, the motion is DENIED. The Court will go question by question at trial. Defendant shall not mention the statements or writings in its opening. SO ORDERED. s/Avern Cohn AVERN COHN UNITED STATES DISTRICT JUDGE Dated: March 30, 2009 I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, March 30, 2009, by electronic and/or ordinary mail. s/Julie Owens Case Manager, [phone]

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