Marquette Transportation Company Gulf-Inland LLC

Filing 96

ORDER ADOPTING MEMORANDUM AND RECOMMENDATION ON PLAINTIFF'S MOTION TO EXCLUDE EVIDENCE re: denying 90 MOTION to Exclude Evidence of Crimes and/or Irrelevant Conduct, 94 Memorandum and Recommendations. The parties are ORDERED not to ment ion or offer evidence of Plaintiff's prior felony conviction in the presence of the jury without first requesting a ruling from the Court on the admissibility of the evidence. (Signed by Judge Nelva Gonzales Ramos) Parties notified.(lcayce, 2)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
JOHN BORDAS,
Plaintiff,
VS.
MARQUETTE TRANSPORTATION
COMPANY GULF-INLAND LLC, et al,
Defendants.

August 30, 2016
David J. Bradley, Clerk

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§ CIVIL ACTION NO. 2:14-CV-00163
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ORDER ADOPTING
MEMORANDUM AND RECOMMENDATION ON
PLAINTIFF’S MOTION TO EXCLUDE EVIDENCE
Pending before the Court is Plaintiff’s Motion to Exclude Evidence (D.E. 90).
On June 24, 2016, United States Magistrate Judge Jason B. Libby issued a Memorandum
and Recommendation (D.E. 94), recommending that Plaintiff’s Motion be denied but that
the parties be ordered to request a ruling from the Court on the admissibility of the
evidence prior to mentioning or offering the evidence of Plaintiff’s prior felony
conviction in the presence of the jury.
Defendant Marquette Transportation Company Gulf-Inland LLC (Marquette)
timely filed its Objection (D.E. 96) on July 8, 2016. Marquette complains only of the
recommendation that the Court order Marquette to seek a ruling on admissibility prior to
mentioning or offering the evidence. It contends that it should be permitted to make the
offer in front of the jury and Plaintiff Bordas should be required to state its objection in
front of the jury. The objection is OVERRULED.

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Having reviewed the findings of fact, conclusions of law, and recommendations
set forth in the Magistrate Judge’s Memorandum and Recommendation, as well as
Marquette’s objection, and all other relevant documents in the record, and having made a
de novo disposition of the portions of the Magistrate Judge’s Memorandum and
Recommendation

to

which

objections

were

specifically

directed,

the

Court

OVERRULES Marquette’s objection and ADOPTS as its own the findings and
conclusions of the Magistrate Judge.

Accordingly, Plaintiff’s Motion to Exclude

Evidence (D.E. 90) is DENIED and the parties are ORDERED not to mention or offer
evidence of Plaintiff’s prior felony conviction in the presence of the jury without first
requesting a ruling from the Court on the admissibility of the evidence.
ORDERED this 30th day of August, 2016.
___________________________________
NELVA GONZALES RAMOS
UNITED STATES DISTRICT JUDGE

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