Aidini v. Costco Wholesale Corporation

Filing 87

ORDER Denying 54 Motion in Limine to exclude all evidence regarding Plaintiff's surgery of 11/23/2016. Signed by Judge Andrew P. Gordon on 4/10/17. (Copies have been distributed pursuant to the NEF - MR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ARTANO AIDINI,

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Case No. 2:15-cv-00505-APG-GWF
Plaintiff,

v.
COSTCO WHOLESALE CORPORATION,

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Defendant.

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ORDER DENYING MOTION IN
LIMINE TO EXCLUDE ALL
EVIDENCE REGARDING
PLAINTIFF’S SURGERY OF
NOVEMBER 23, 2016
(ECF No. 54)

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Defendant Costco Wholesale Corporation moves to preclude plaintiff Artano Aidini from

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presenting evidence regarding his November 23, 2016 surgery because, as of December 23, 2016

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(30 days before trial), Costco had not received medical records or bills from the surgery. Aidini

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responds that, after the motion was filed, the parties stipulated to an extension of the trial date to

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accommodate production of those files and to allow Costco to get an independent medical

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examiner, both of which occurred.

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The exhibit attached to Aidini’s reply seems to show that the dispute has been fully

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resolved. See ECF No. 60 at 14–15. On January 10, 2017, more than three months before the

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current trial date, Aidini produced medical and billing records from the November 2016 surgery.

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Id. Costco has had an opportunity to evaluate the new evidence and conduct an independent

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medical exam, id., so it is not prejudiced by the presentation of evidence regarding the November

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2016 surgery.

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IT IS THEREFORE ORDERED that defendant Costco’s motion in limine to preclude the

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plaintiff from presenting evidence regarding his November 23, 2016 surgery (ECF No. 54) is

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DENIED.

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DATED this 10th day of April, 2017.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE