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