Bamford, Inc. v. Regent Insurance Company et al

Filing 155

MEMORANDUM AND ORDER - This matter is before the Court on the motion in limine of defendant Regent Insurance Company ("Regent") (Filing No. 142 ). Regent moves to exclude various pieces of evidence and to overrule anticipated objections made by plaintiff Bamford Incorporated ("Bamford"). The Court finds as set forth in this Memorandum and Order. Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
BAMFORD, INC., a Nebraska
business corporation,

)
)
)
Plaintiff,
)
)
v.
)
)
REGENT INSURANCE COMPANY,
)
a Wisconsin business
)
corporation,
)
)
Defendant.
)
______________________________)

8:13CV200

MEMORANDUM AND ORDER

This matter is before the Court on the motion in limine
of defendant Regent Insurance Company (“Regent”) (Filing No.
142).

Regent moves to exclude various pieces of evidence and to

overrule anticipated objections made by plaintiff Bamford
Incorporated (“Bamford”).

The Court finds as follows.

IT IS ORDERED:
1) The defendant’s objections to Deposition Exhibits
13, 142, and 41-43 regarding jury verdicts are sustained;
2) The defendant’s 403 objection to evidence or
statements regarding the racial make-up of the jury in Davis v.
Bamford was previously ruled upon in Filing No. 134 and is
overruled;
3) Ruling is reserved on the issue of “special damages”
until the time of trial;
4) The defendant’s objections to partial transcripts of
medical testimony and selective portions of medical evidence
regarding the injuries of Bobby Davis are overruled;

5) The defendant’s objections to the piece of pipe that
plaintiff claims is similar to the pipe that caused Bobby Davis’
groin injuries are sustained;
6) The defendant’s objection to excess verdicts, which
the Court views as resolved pursuant to its previous order,
(Filing No. 147) pertaining specifically to the Robin Deposition,
is denied as moot;
7) The defendant’s unopposed objections to post-verdict
activities related to settlement, posting the appeal bond, or
other postjudgment correspondence and communications, except only
those regarding the amount agreed to be paid to settle the claims
with the Davises are sustained;
8) The objection of the defendant over the use of the
word “gamble” is overruled;
9) The defendant’s objections to the QBE payment rates
to Steve Ahl and Brian Nolan and evidence of litigation
management guidelines, auditing bills, and reducing fees pursuant
to its previous order (Filing No. 147) is sustained;
10) The defendant’s unopposed objections to references
of impalement as a form punishment used by governments in the
past are sustained;
11) The defendant’s objections to QBE’s annual earnings
and loss ratios pursuant to its previous order (Filing No. 147)
are sustained;
12) The defendant’s objection to Fee’s initial demand
of the defendant is overruled;
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13) The ruling in Filing No. 134 is clarified to mean
that all evidence of QBE’s short term incentive plan and QBE
employees’ receipt of bonuses shall be excluded from trial;
14) The following edits to Filing No. 147.

Under

numbered paragraph two of the plaintiff’s objections, numbers
40:2-41:24 should be stricken.

Therefore, plaintiff’s objections

40:2-41:24 in light of the plaintiff’s withdrawal of those
objections is overruled.

Filing No. 153, at 14.

Also under

numbered paragraph two of the defendant’s objections, numbers
27:10-28:10 should be stricken and replaced with numbers 27:1528:10.

Therefore, plaintiff’s objections to 27:6-14 are

overruled and plaintiff’s objections 27:15-28:10 are sustained.
15) Ruling on whether to allow Mediator statements
regarding their estimates of the value of the Davis claims is
deferred until trial.
DATED this 16th day of January, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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