Zeitchick v. Nevada System of Higher Education, dba Western Nevada Community College et al

Filing 193

MINUTE ORDER IN CHAMBERS of the Honorable Judge Edward C. Reed, Jr, on 6/11/2010. Ps 163 motion in limine re KH report is DENIED on the following basis. To the extent that Ds introduce the KH report for relevant non-hearsay purposes, Ps hearsay objections are overruled. (Copies have been distributed pursuant to the NEF - PM)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA RENO, NEVADA JOE ZEITCHICK, Plaintiffs, vs. CAROL LUCEY and HELAINE JESSE Defendants. PRESENT: Deputy Clerk: EDWARD C. REED, JR. COLLEEN LARSEN Reporter: ) ) ) ) ) ) ) ) ) ) ) 3:06-CV-0138-ECR-VPC (Base File) 3:06-CV-0642-ECR-VPC (Member File) MINUTES OF THE COURT DATE: June 11, 2010

U. S. DISTRICT JUDGE NONE APPEARING

Counsel for Plaintiff(s) Counsel for Defendant(s) MINUTE ORDER IN CHAMBERS

NONE APPEARING NONE APPEARING

Plaintiff objects to the KH report as inadmissible hearsay. Defendants contend they seek to introduce the report, not for the truth of the matter asserted, but to explain how they reacted to Mr. Thompson's 2002 complaint about the air conditioner noise. Defendants anticipate Plaintiff will introduce evidence pertaining to Mr. Thompson's complaint. The relevance of Mr. Thompson's 2002 complaint or Defendants response thereto is not apparent to the court, and neither party address the issue of relevance in the paper. It is possible that this issue may bear on damages. Nevertheless, at this point, Plaintiff's hearsay objection is overruled. IT IS, THEREFORE, HEREBY ORDERED Plaintiff's motion in limine re KH report (#163) is DENIED on the following basis. To the extent that Defendants introduce the KH report for relevant non-hearsay purposes, Plaintiff's hearsay objections are overruled. LANCE S. WILSON, CLERK By /s/ Deputy Clerk