Zisumbo v. Ogden Regional Medical Center

Filing 141

MEMORANDUM DECISION AND ORDERdenying 108 Motion in Limine Re: Legal Problems. Signed by Judge Ted Stewart on 7/26/13. (ss)

IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH
NORTHERN DIVISION

RAYMOND L. ZISUMBO,
Plaintiff,

ORDER DENYING WIHTOUT
PREJUDICE PLAINTIFF’S MOTION
IN LIMINE RE: LEGAL PROBLEMS

v.

OGDEN REGIONAL MEDICAL CENTER,

Case No. 1:10-CV-73 TS

Defendant.

This matter is before the Court on Plaintiff’s Motion in Limine Re: Legal Problems.1
Through his Motion, Plaintiff “seeks an Order from the Court prohibiting witnesses from
offering testimony, and [Ogden Regional Medical Center (“ORMC”)] from initiating questions
related to [Plaintiff’s] alleged, perceived, or actual legal problems unrelated to this case, unless
preapproved by the Court.”2

1

Docket No. 108.

2

Id. a 1.
1

In a prior decision, the Court warned that “[t]he record currently before the Court
suggests that the criminal matters have very little, if any, relevance to the issues to be decided at
trial” and “the prejudicial effect of the criminal matters is likely to be very high.”3
As stated, the Court is mindful of the prejudice that may result from the introduction of
testimony or evidence regarding Plaintiff’s unrelated legal problems. For this reason, the Court
reiterates that Defendant should not introduce evidence of Plaintiff’s alleged, perceived, or actual
legal problems unrelated to this case, unless pre-approved by the Court. However, the Court is
persuaded that much of this evidence may be admissible at trial. Plaintiff may object to the
admission of specific testimony, where appropriate, at trial.
It is therefore
ORDERED that Plaintiff’s Motion in Limine Re: Legal Problems (Docket No. 108) is
DENIED WITHOUT PREJUDICE. Plaintiff may object to specific evidence at trial.
DATED July 26, 2013.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

3

Docket No. 84, at 2.
2