Cervantes v. Emerald Cascade Restaurant Systems, Inc

Filing 51

ORDER - defendant's motion in limine to exclude evidence of defendant's net worth until after plaintiff proves a prima facie case for punitive damages 45 is GRANTED. Signed by Magistrate Judge Valerie P. Cooke on 10/24/12. (Copies have been distributed pursuant to the NEF - DN)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

JOHN CERVANTES,

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Plaintiff,
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v.
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EMERALD CASCADE RESTAURANT )
SYSTEMS, INC., d.b.a., JACK-IN)
THE-BOX, INC., a Foreign Corporation,
)
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Defendant.
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___________________________________ )
PRESENT:

3:11-cv-00242-VPC

MINUTES OF THE COURT

October 24, 2012

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

LISA MANN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:

Before the court is defendant’s motion in limine to exclude evidence of defendant’s net
worth until after plaintiff proves a prima facie case for punitive damages (#45). Plaintiff did not
oppose the motion.
Defendant asks this court for a ruling in limine prohibiting plaintiff from producing
evidence of defendant’s net worth until plaintiff has established at least a prima facie case for
punitive damages at trial. Defendant contends that such evidence is irrelevant until plaintiff
establishes a prima facie case for punitive damages; and that prior to such time, evidence of
defendant’s net worth would be unfairly prejudicial and distracting to the jury.
The court agrees. Evidence of defendant’s net worth is not relevant unless and until
plaintiff establishes a potential legal entitlement to punitive damages. See 999 v. C.I.T. Corp.,
776 F.2d 866, 872 (9th Cir. 1985). Permitting the jury to consider evidence as to defendant’s
considerable net worth before this evidence becomes relevant could be unduly prejudicial to
defendant and/or confuse the issues. See Fed.R.Evid. 403.

Accordingly, defendant’s motion in limine to exclude evidence of defendant’s net worth
until after plaintiff proves a prima facie case for punitive damages (#45) is hereby GRANTED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:

/s/
Deputy Clerk