Gibbons v. Union Pacific Railroad Company

Filing 72

ORDER granting 61 Stipulation Regarding Agreed Upon Defendant's Proposed Motions In Limine, Pursuant to LR 16-3. Signed by Chief Judge Gloria M. Navarro on 4/5/2018. (Copies have been distributed pursuant to the NEF - MMM)

John A. Hunt, Esq.(NSBN 1888)
Bert Wuester Jr., Esq.(NSBN 5556)
CLARK HILL,PLLC
3800 Howard Hughes Pkwy, Suite 500
Las Vegas, Nevada 89169
Ph.[phone]
Fax [phone]
email:jhuntAclarkhill.com
email: [e-mail]
and
Melissa A. Sandoval, Esq.(NSBN 12587)
UNION PACIFIC RAILROAD COMPANY
LAW DEPARTMENT
10031 Foothills Boulevard, Suite 200
Roseville, California 95747
Ph.[phone]
Direct(916)789-6132
Fax [phone]
Email: [e-mail]
Attorneys for Defendant
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
GREG GIBBONS,

)
) Case No.: 2:15-cv-02231-GMV-CWH
Plaintiff,
)
)
vs.
)
UNION PACIFIC RAILROAD
)
COMPANY,a Delaware Corporation )
)
Defendant.
)
)
STIPULATION AND ORDER REGARDING AGREED UPON DEFENDANT'S
PROPOSED MOTIONS IN LIMINE,PURSUANT TO LR 16-3
The parties, Plaintiff, Greg Gibbons ("Plaintiff' or "Gibbons"), and Defendant,
Union Pacific Railroad Company ("Defendant" or "UPRR"), by and through their
respective counsel of record, hereby stipulate and request, pursuant to I,R 16-3, that this
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Court enter an order regarding the following matters which were agreed upon relative to
Defendant's proposed motions in limine.
1.

On March 19, 2018, Defendant's attorney sent correspondence to Plaintiffs

attorneys, Peter C. Wetherall, Esq. and James A. Morris, Jr., Esq. regarding an initial
effort to meet and confer regarding UPRR's proposed motions in limine. The March 19,
2018, letter addressed ten (10) proposed motions in limine.
2.

At 10:00 a.m. on March 21, 2018, pursuant to mutual agreement, a phone

conference was held between counsel for the parties, including John A. Hunt, Esq. (of
Clark Hill, PLLC), James A. Morris, Jr., Esq. (of Brent Coon & Associates), Shane E.
Greenberg, Esq. (id.), Melissa Sandoval, Esq.(of Union Pacific's Law Department), and
Bert Wuester Jr., Esq.(of Clark Hill, PLLC).
3.

During the phone conference, Plaintiffs counsel agreed to motions #2, 3, 6 and 8

as addressed in UPRR's March 19, 2018, letter. In addition, as to motion #9, it was
agreed the same shall apply to both sides. During the phone conference it was agreed and
acknowledged that a proposed stipulation and order would be prepared relative to the
agreed upon motions #2, 3, 6, 8, and 9.
4.

Accordingly, pursuant to the above, the parties hereby stipulate and agree that the

Court enter orders consistent with the following:
A.

That the Court shall exclude argument or evidence regarding alleged

elevated levels of danger in the railroad industry.
B.

That the Court shall exclude argument or evidence relating to the parties'
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relative or individual wealth.

C.

That the Court shall exclude argument or claims seeking prejudgment

interest upon any award of damages.
D. That the Court shall preclude Plaintiff from making reference to, pointing
out, or identifying representatives of Union Pacific who may come to court to
observe the trial,

E.

That the Court shall prohibit any argument by either counsel relating to the

following areas:

i.

argument by counsel personally attacking a witnesses credibility

and/or accusing a witness of perjury;

ii.

argument by counsel injecting his/her personal opinions about a

party;

iii.

argument by counsel relating counsel's personal opinion(s) about the

justness of his/her client's cause and his/her client's claim of injury;

iv.

argument by counsel requesting the jury place themselves in the

position of counsel's client (i.e., "golden rule" argument);

v.

argument by counsel requesting the jury "send a message" to the

opposing party and/or the opposing party's counsel;
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vi.

argument by counsel comparing jury awards in other cases to the

present case; and

vii.

argument by counsel personally attacking opposing counsel.

Respectfully submitted and approved as to form and content:
Brent C

& Associat s

By:
James A. Morris, Jr., Esq.(fro hac vice)
4111 West Alameda Avenue, Suite 611
Burbank, CA 91505
Telephone:[phone]
Facsimile:[phone]
[e-mail]
and
C. Wetherall, Esq.(NSBN 4414)
Peter
Wetherall Group,LTD.
9345 W. Sunset Road, Suite 100
Las Vegas, Nevada 89148
Tel: [phone]; Fax: [phone]
[e-mail]
Attorneys foi Plai iff
2
t
Dated:
li

LAR
By•
1888)
unt, Esq.(NS
ster, Jr., Esq.(NSBN 5556)
oward Hughes Parkway, Suite 500
L
egas, Nevada 89169
Ph.[phone]; fax [phone]
[e-mail]
[e-mail]
and
Melissa A. Sandoval, Esq.(NSBN 12587)
UNION PACIFIC RAILROAD COMPANY
LAW DEPARTMENT
10031 Foothills Boulevard, Suite 200
Roseville, California 95747
[e-mail]
Attorneys or agfendpgt
— I 6'
Dated:

ORDER
IT IS ORDERED.
Dated: April 5, 2018
UNITED STATES DISTRICT COURT JUDGE
219433418.1 63337/375927

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