Evans et al v. Skolnik et al

Filing 315

ORDER granting 311 Motion in Limine. Signed by Chief Judge Robert C. Jones on 8/20/13. See Attached PDF for Specifics. (Copies have been distributed pursuant to the NEF - BLG)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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DONALD YORK EVANS et al.,

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This is a prisoner civil rights case arising out of alleged illegal electronic eavesdropping

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Plaintiffs,
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vs.
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HOWARD SKOLNIK et al.,
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Defendants.

3:08-cv-00353-RCJ-VPC
ORDER

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of prisoners’ telephone calls with their attorneys. Pending before the Court is a Motion in

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Limine (ECF No. 311). Defendants ask the Court to exclude Plaintiff’s Exhibit 19 (certain

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handwritten notes). Defendants argue that because Plaintiff first identified Exhibit 19 on August

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12, 2013 in his list of exhibits for trial, and did not list it in the May 9, 2012 Joint Pretrial Order,

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it should be excluded. It is within the Court’s discretion to exclude evidence not identified in the

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pretrial order. E.g., Swinton v. Potomac Corp., 270 F.3d 794, 809 (9th Cir. 2001). The Court

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grants the motion. Defendants have prepared for trial for well over a year under the impression

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that they would not have to address this piece of evidence. Plaintiff may not in fairness adduce it

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with only two weeks notice before trial. The response to the present motion is not due until after

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trial begins, but the parties must have the Court’s in limine ruling before trial or the purpose of

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the in limine motion will be defeated. Plaintiff will have an opportunity at trial to argue that the

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late revelation of his intent to adduce this evidence should be excused.

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CONCLUSION

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IT IS HEREBY ORDERED that the Motion in Limine (ECF No. 311) is GRANTED.

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IT IS SO ORDERED.

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Dated this 20th day of August, 2013.

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_____________________________________
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ROBERT C. JONES
ROBERT
OB RT
United States District Judge
States
ae

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