United States Fidelity and Guaranty Company v. United States Sports Specialty Association

Filing 319

MEMORANDUM DECISION denying 303 Motion in Limine. Signed by Judge Ted Stewart on 02/05/2013. (asp)

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

NATIONAL INDEMNITY COMPANY and
Certain Underwriters at LLOYD’S OF
LONDON who subscribed to policy numbers
D064L0074 and D064Y00423, as subrogees
of and on behalf of UNITED STATES
FIDELITY AND GUARANTEE CO., and as
subrogee of, and on behalf of UNITED
STATES SPORTS SPECIALTY
ASSOCIATION,

MEMORANDUM DECISION AND
ORDER DENYING MOTION IN
LIMINE TO DISMISS THE
ASSIGNED AND SUBROGATED
CLAIMS OF USSSA

Plaintiffs,

vs.

Case No. 2:07-CV-996 TS

NELSON, CHIPMAN & BURT, and
CLIFFORD PAYNE,
Defendants.

This matter is before the Court on Defendants’ Motion in Limine to Dismiss the Assigned
and Subrogated Claims of USSSA.1 Defendants assert that any claims brought on behalf of
United States Sports Specialty Association fail as a matter of law. Because the Court finds a
motion in limine to be an improper vehicle for dismissal of USSSA’s claims, the Court will deny
Defendants’ Motion.
The use of motions in limine to summarily dismiss a portion of a claim has
been condemned, and trial courts are cautioned not to allow motions in limine to
be used as unwritten and unnoticed motions for summary judgment or motions to

1

Docket No. 303.

dismiss. Nor should the motion be used to perform the function of a directed
verdict. Motions in limine are not to be used as a sweeping means of testing
issues of law. And deficiencies in pleadings or evidence are not appropriately
resolved by a motion in limine. Clearly, a motion in limine cannot properly be
used as a vehicle to circumvent the requirements of rules of procedure.2
Further, to the extent Defendants’ Motion could be construed as a motion for judgment
on the pleadings under Federal Rule Civil Procedure 12(c), the Court finds that Plaintiffs’
Motion is untimely and would delay trial.
It is therefore
ORDERED that Defendants’ Motion in Limine to Dismiss the Assigned and Subrogated
Claims of USSSA (Docket No. 303) is DENIED.
DATED February 5, 2013.
BY THE COURT:

_____________________________________
TED STEWART
United States District Judge

2

75 Am. Jur. 2d Trial § 99 (1991).