Yates et al v. State Farm Fire & Casualty Company

Filing 99

CONSENT ORDER on Motions in Limine 79 , 82 , 84 regarding Yates and State Farm Fire and Casualty. Signed by Magistrate Judge Kimberly A. Swank on 1/30/2017. (Foell, S.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Civil Action Number: 7: 13-cv-00233-KS

JESSE G. YATES, III, and MELISSA
YATES,

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Plaintiffs,
vs.

STATE FARM FIRE AND CASUALTY
COMPANY, a Property & Casualty
Domestic Stock insurance company
incorporated in Illinois and whollyowned by State Farm Mutual
Automobile Insurance Company, an
Illinois Property & Casualty Domestic
Mutual insurance company,
Defendant.

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CONSENT ORDER ON MOTIONS IN LIMINE

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This matter came on for consideration prior to trial, on Plaintiffs' First and
Second Motions in Limine, and on Defendant's Motion in Limine.

Pursuant to the

consent of the Parties, through Counsel, the Court finds the following:
I.

As to Plaintiffs' Motion in Limine seeking an order prohibiting Defendant

from offering any evidence that any law enforcement or other government personnel
harbors any suspicion(s) or other opinion(s) that any Plaintiff played any role in the cause
and origin of the subject fire, the Parties have stipulated and agreed that each shall be
allowed, pursuant to Rule 70 I of the Federal Rules of Evidence, to present testimony
from law enforcement and fire officials as to the contents of their reports and their lay
opinions associated therewith, provided such testimony is confined to and based solely
upon their personal observations made in performance of their duties in responding to,
fighting and investigating fires which may be discussed at trial.

However, no law

enforcement or fire officials shall be permitted to render opinions as to the identity of the
person or persons whom they believe or are otherwise believed to have likely set, or
caused to be set, any said fire unless there were arrests made in connection with said
fire(s).
2.

Both parties have filed Motions in Limine related to incidents of fires in

and around Wallace or related to other property owned by Plaintiffs.

Pursuant to

stipulation of the Parties, through Counsel, evidence of other suspicious or intentionally
set fires in and around the Wallace area, as specifically referenced in a Google Earth
exhibit previously prepared by Plaintiffs and submitted to Defendant, shall be admissible
at the trial of this matter, and further, evidence related to the burning of another of
Plaintiffs properties, which fire forms the subject of Plaintiffs' Motion in Limine, shall
likewise be admissible in evidence.
The parties having so stipulated, the Court hereby adopts said stipulations as its
ruling on said Motions.
So Ordered, this the 30111 day of January, 20

onoli
y Swank
United States Magistrate Judge