Brincko v Rio Properties Inc

Filing 331

ORDER Denying without prejudice to renew at trial Plaintiff John P. Brincko's 321 Motion in Limine for an Order Excluding All References to Bank of America's Misconduct. Signed by Judge Philip M. Pro on 11/21/2013. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
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In Re:
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NATIONAL CONSUMER MORTGAGE, )
LLC,
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Debtor.
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___________________________________ )
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JOHN P. BRINCKO,
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Plaintiff,
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v.
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RIO PROPERTIES, INC.,
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Defendant.
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2:10-CV-00930-PMP-PAL

ORDER

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Before the Court is Plaintiff John P. Brincko’s Motion in Limine for an Order
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Excluding All References to Bank of America’s Misconduct (Doc. #321). The Court will
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deny the Motion. After briefing and oral argument on this Motion, it still is not clear
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exactly what evidence, if any, Defendant Rio Properties, Inc. would seek to offer as to Bank
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of America’s conduct and what specifically the Trustee seeks to exclude. The Court
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concludes the only appropriate way to deal with this issue is to deny the Motion without
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prejudice to renew at trial in the context of the evidence offered.
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IT IS THEREFORE ORDERED that Plaintiff John P. Brincko’s Motion in
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Limine for an Order Excluding All References to Bank of America’s Misconduct (Doc.
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#321) is hereby DENIED without prejudice to renew at trial.
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DATED: November 21, 2013
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_______________________________
PHILIP M. PRO
United States District Judge