Airday v. The City Of New York , et al

Filing 224

ORDER denying 202 Motion in Limine. Plaintiff's motion in limine to exclude evidence of Plaintiffs wealth is DENIED. Plaintiff's motion in limine to exclude evidence concerning Plaintiff's gun ownership and licensing is DENIED. P laintiff's motion in limine to exclude any reference to the prior trial in this case is DENIED as moot, as Defendants have agreed to refrain from eliciting testimony on or discussing the results of the prior trial. To the extent either party s eeks to impeach a witness with his or her testimony from the prior trial in this case, the party must refer to the testimony from that trial as "testimony from a prior proceeding." The Clerk of Court is respectfully directed to terminate the open motion at Dkt. 202. (As further set forth in this Order.) (Signed by Judge Valerie E. Caproni on 5/21/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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GEORGE AIRDAY,
:
:
Plaintiff,
:
:
-against:
:
:
THE CITY OF NEW YORK and KEITH
:
SCHWAM,
:
:
Defendants. :
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VALERIE CAPRONI, United States District Judge:

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/21/2021

14-CV-8065 (VEC)
ORDER

WHEREAS on October 16, 2020, Plaintiff filed motions in limine to exclude certain
evidence at trial (Dkt. 202);
WHEREAS the Court held a Final Pretrial Conference on May 20, 2021; and
WHEREAS the Court orally ruled on Plaintiff’s motions in limine at the FPTC;
IT IS HEREBY ORDERED that, for the reasons stated at the FPTC:
1. Plaintiff’s motion in limine to exclude evidence of Plaintiff’s wealth is DENIED.
2. Plaintiff’s motion in limine to exclude evidence concerning Plaintiff’s gun
ownership and licensing is DENIED.
3. Plaintiff’s motion in limine to exclude any reference to the prior trial in this case
is DENIED as moot, as Defendants have agreed to refrain from eliciting
testimony on or discussing the results of the prior trial. To the extent either party
seeks to impeach a witness with his or her testimony from the prior trial in this
case, the party must refer to the testimony from that trial as “testimony from a
prior proceeding.”

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The Clerk of Court is respectfully directed to terminate the open motion at Dkt. 202.

SO ORDERED.
Date: May 21, 2021
New York, NY

____________________________
_
_________________________________
VALERIE CAPRONI
CAPRONI
N
United States District Judge

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