Manteris v. Wal-Mart Stores, Inc.

Filing 160

ORDER Denying without prejudice 105 Addendum to motion in limine. Signed by Judge Philip M. Pro on 1/3/2013. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7

***
)
)
)
)
)
)
)
)
)
)
)

8

KELLY MANTERIS,
Plaintiff,

9
10

v.

11

WAL-MART STORES, INC.,
Defendant.

12

2:11-cv-00045-PMP-CWH
ORDER

13

Before the Court for consideration is Plaintiff’s Addendum to Motion in

14
15

Limine #4 (Doc. #105). In the Addendum, Plaintiff contends the Court should exclude the

16

testimony of Adam Mandilk and Joe McMahon, the videographers who shot the

17

surveillance videos of Plaintiff. Plaintiff argues that these two witnesses are substantive

18

rather than impeachment witnesses, and therefore should have been disclosed by Defendant

19

in the Joint Pre-Trial Order or in Defendant’s Pre-Trial Disclosures. Defendant responds

20

that impeachment evidence does not need to be disclosed, and that the witnesses should be

21

permitted to provide authentication or foundational testimony regarding the surveillance

22

videos.

23

The witnesses may provide authentication or foundational testimony regarding

24

the surveillance videos, to the extent the surveillance videos are received at trial. However,

25

the Court will reserve ruling on specific objections to these witnesses’ testimony to the

26

extent they seek to testify beyond authenticity or foundation at trial.

1

IT IS THEREFORE ORDERED that Plaintiff’s Addendum to Motion in

2

Limine #4 (Doc. #105) is hereby DENIED without prejudice to renew specific objections to

3

the testimony of Adam Mandilk and Joe McMahon during trial.

4
5
6
7

DATED: January 3, 2013
_______________________________
PHILIP M. PRO
United States District Judge

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2