RICHARDS et al v. Detroit, City of, et al

Filing 66

OPINION and ORDER Denying Without Prejudice Defendants' 55 Motion in Limine. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MEKKEL RICHARDS and
ADAM MALINOWSKI,
Plaintiffs,
Civil Case No. 15-12211
Honorable Linda V. Parker

v.
DETROIT POLICE OFFICER GADWELL
and DETROIT POLICE OFFICER REIZIN,
Defendants.
__________________________________________/

OPINION AND ORDER DENYING WITHOUT PREJUDICE DEFENDANTS’
MOTION IN LIMINE
Plaintiffs filed this lawsuit against the City of Detroit and six City of Detroit
police officers on June 18, 2015, asserting civil rights violations under 42 U.S.C.
§ 1983. Plaintiffs’ claims arise from their arrest on June 23, 2014, following the City
of Detroit’s annual fireworks display. Following this Court’s May 11, 2017 decision
granting in part and denying in part the defendants’ motion for summary judgment,
the case remains pending against only two Detroit police officers: Brian Gadwell and
Michael Reizin. Before the Court issued its decision, however, several defendants
(including Officers Gadwell and Reizin) filed a motion in limine to preclude Plaintiffs
from introducing certain evidence at trial. (ECF No. 55.) Plaintiffs never filed a
response to the motion and the matter currently is scheduled for a settlement
conference before Magistrate Judge Stephanie Dawkins Davis on September 20, 2017.

Due to the pendency of the settlement conference and because Plaintiffs have
not indicated whether they in fact will seek to introduce any of the evidence addressed
in the motion in limine, the Court concludes that the motion should be denied without
prejudice at this time. If the parties do not settle the matter at the conference before
Magistrate Judge Davis and they expect the case to proceed to trial, Plaintiffs shall
inform Officers Gadwell and Reizin whether they intend to introduce any of the
evidence addressed in the motion in limine. Officers Gadwell and Reizin may then
make an oral motion in limine addressing that specific evidence during the final
pretrial conference currently scheduled for October 4, 2017.
Accordingly,
IT IS ORDERED that Defendants’ motion in limine (ECF No. 55) is
DENIED WITHOUT PREJUDICE.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: August 31, 2017
I hereby certify that a copy of the foregoing document was mailed to counsel of
record and/or pro se parties on this date, August 31, 2017, by electronic and/or
U.S. First Class mail.
s/ R. Loury
Case Manager

2