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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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 ARTANO AIDINI, 5 6 7 Case No. 2:15-cv-00505-APG-GWF Plaintiff, v. COSTCO WHOLESALE CORPORATION, 8 Defendant. 9 ORDER DENYING MOTION IN LIMINE TO EXCLUDE ALL EVIDENCE REGARDING PLAINTIFF’S SURGERY OF NOVEMBER 23, 2016 (ECF No. 54) 10 Defendant Costco Wholesale Corporation moves to preclude plaintiff Artano Aidini from 11 presenting evidence regarding his November 23, 2016 surgery because, as of December 23, 2016 12 (30 days before trial), Costco had not received medical records or bills from the surgery. Aidini 13 responds that, after the motion was filed, the parties stipulated to an extension of the trial date to 14 accommodate production of those files and to allow Costco to get an independent medical 15 examiner, both of which occurred. 16 The exhibit attached to Aidini’s reply seems to show that the dispute has been fully 17 resolved. See ECF No. 60 at 14–15. On January 10, 2017, more than three months before the 18 current trial date, Aidini produced medical and billing records from the November 2016 surgery. 19 Id. Costco has had an opportunity to evaluate the new evidence and conduct an independent 20 medical exam, id., so it is not prejudiced by the presentation of evidence regarding the November 21 2016 surgery. 22 IT IS THEREFORE ORDERED that defendant Costco’s motion in limine to preclude the 23 plaintiff from presenting evidence regarding his November 23, 2016 surgery (ECF No. 54) is 24 DENIED. 25 DATED this 10th day of April, 2017. 26 27 28 ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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