American Home Assurance Company et al v. Greater Omaha Packing Company Inc.

Filing 504

ORDER that the motion in limine is granted as to Paragraphs 1 and 2. The motion is denied without prejudice as to Paragraphs 4 to 12. Ordered by Senior Judge Lyle E. Strom. (JSF)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
AMERICAN HOME ASSURANCE
COMPANY and CARGILL MEAT
SOLUTIONS CORPORATION,

)
)
)
)
Plaintiffs,
)
)
v.
)
)
GREATER OMAHA PACKING COMPANY,)
INC.,
)
)
Defendant.
)
______________________________)

8:11CV270

ORDER

This matter is before the Court on defendant’s motion
in limine (Filing No. 325), the brief of the defendant (Filing
No. 326), the response of the plaintiff (Filing No. 393 and
Filing No. 395), and the reply of the defendant (Filing No. 449).
After viewing the motion, briefs, and relevant law, the Court
will grant defendant’s motion as to paragraphs 1 and 2.

The

motion will be denied as to paragraphs 4 through 12 without
prejudice to raising the objections during the course of the
trial.1
The Court has found that evidence or testimony relating
to prior lawsuits, claims, judgments, or verdicts filed against
the defendant, including but not limited to Fairbanks Farms and

1

The Court has already ruled on the issue in paragraph 3.
(See Filing No. 474).

Rochester Meat Company lawsuits, are inadmissible.

In addition,

the Court has found that evidence of other recalls involving the
defendant and not related to the plaintiff’s case is also
inadmissible.

The plaintiff agrees that lawsuits and recalls

involving the defendant do not directly relate to the question
before this Court.

(See Filing No. 395 at 2).

However, if the

defendant seeks to introduce evidence at trial that it has never
been associated with lawsuits or recalls, the Court is prepared
to reconsider the issue to ensure that the jury is not improperly
mislead.

Accordingly,
IT IS ORDERED:
1) The motion in limine is granted as to Paragraphs 1

and 2.
2) The motion is denied without prejudice as to
Paragraphs 4 to 12.
DATED this 19th day of August, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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