Politz et al v. Nationwide Mutual Fire Insurance Company et al

Filing 340

ORDER granting Plaintiff's 272 Motion in Limine, subject to exceptions; granting Nationwide's 279 Motion in Limine; granting Nationwide's 280 Motion in Limine; granting Nationwide's 285 Motion in Limine; granting Nationwide's 286 Motion in Limine; granting Nationwide's 290 Motion in Limine; granting Nationwide's 291 Motion in Limine. Signed by Senior Judge L. T. Senter, Jr, on 05/18/2009 (kbo)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION

JOHN POLITZ and HELEN POLITZ V.

PLAINTIFFS CIVIL ACTION NO.1:08CV18 LTS-RHW

NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, U.S. SMALL BUSINESS ADMINISTRATION, ET AL. ORDER

DEFENDANTS

Certain motions in limine may be ruled upon summarily in light of this Court's prior opinions and orders. It is hereby ORDERED That Nationwide's motion in limine [280] asking the Court to exclude evidence of any government investigation of post-Katrina claims handling practices is GRANTED; That Nationwide's motion in limine [279] asking the Court to exclude evidence of other claims against Nationwide is GRANTED subject to a limited exception for claims concerning insured property in close physical proximity to the plaintiff's residence; That Nationwide's motion in limine [285] asking the Court to exclude evidence of bulletins issued by the Mississippi Department of Insurance is GRANTED subject to an exception for any bulletins that Nationwide relied upon in adjusting Katrina claims; That Nationwide's motion in limine [286] asking the Court to exclude any evidence or argument concerning its other motions in limine is GRANTED, and this ruling will also apply to motions in limine filed by the plaintiff, these motions having no bearing on any fact in dispute; That Nationwide's motion in limine [290] asking the Court to prohibit the introduction of entire depositions as evidence is GRANTED, and designations by both parties shall be made as required by the Court's pre-trial rules and procedures; That Nationwide's motion in limine [291] asking the Court to exclude any evidence of settlement discussions and mediation is GRANTED; That Plaintiff's motion in limine [272] asking the Court to exclude evidence concerning the Mississippi Development Authority grant the plaintiffs received is GRANTED, subject to

exceptions for the grant application, which may be admissible as a prior inconsistent statement if circumstances warrant and for the grant itself if the plaintiffs' financial condition becomes a fact issue during the trial; SO ORDERED this 18th day of May, 2009.

s/ L. T. Senter, Jr. L. T. SENTER, JR. SENIOR JUDGE