Christensen v. Park City Municipal Corporation et al

Filing 162

MEMORANDUM DECISION AND ORDER denying 123 Motion in Limine to Preclude Defendant's Attempts to Contradict Facts that Have Been Established as Undisputed. Signed by Judge Ted Stewart on 2/28/2011. (las)

-BCW Christensen v. Park City Municipal Corporation et al

Doc. 162

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

SHAUN L. CHRISTENSEN, Plaintiff, MEMORANDUM DECISION AND ORDER DENYING PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE DEFENDANT FROM INTRODUCING EVIDENCE ON FACTS THAT HAVE BEEN ESTABLISHED AS UNDISPUTED

vs.

PARK CITY MUNICIPAL CORP., Defendant.

Case No. 2:06-CV-202 TS

Plaintiff argues that by quoting facts from his Amended Complaint in its Motion for Summary Judgment and not specifying that it had done so for the purposes of the Motion only, Defendant has judicially admitted those facts. Plaintiff argues the Court should deem them established under Fed. R. Civ. P. 56(g). Accordingly, he argues that Defendant should now be precluded from introducing evidence on those facts. Defendant argues that the Pretrial Order controls regarding the disputed issues of fact for trial.

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Dockets.Justia.com

The Court agrees with Defendant. The issues of fact are those set forth in the Pretrial Order. It is therefore ORDERED that Plaintiff's Motion in Limine to Preclude Defendant's Attempts to Contradict Facts that Have Been Established as Undisputed (Docket No. 123) is DENIED. DATED February 28, 2011. BY THE COURT:

_____________________________________ TED STEWART United States District Judge

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