MacLay v. Sahara M/V, et al

Filing 111

ORDER on pltf's 88 Motions in Limine by Judge Ricardo S Martinez.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JULIE MACLAY, as Personal
Representative of the Estate of Lia
Christine Hawkins, deceased.

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ORDER ON PLAINTIFF’S
MOTIONS IN LIMINE

Plaintiff,

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CASE NO. C12-512 RSM

LUNDE MARINE ELECTRONICS,
INC.,
Plaintiff in Intervention,
v.
M/V SAHARA, IMO No. 6600826, her
engines, tackle, rigging, equipment and
other appurtenances, in rem; and G
SHIPPING LTD.,

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Defendants.
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The Court, having considered Plaintiff’s motions in limine (Dkt. # 88), the responses
thereto, and the balance of the file, does now find and ORDER:
1. Motion to admit certified copy of Death Certificate.
MOOT by agreement.

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ORDER ON PLAINTIFF’S MOTIONS IN LIMINE - 1

1 2. Motion to admit G Shipping’s report to U.S. Coast Guard
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GRANTED

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3. Motion to exclude OSHA file and any references thereto
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GRANTED IN PART. The OSHA file shall not be admitted. Testimony regarding the OSHA
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investigation may be admitted if plaintiff’s witness opens the door.
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4. Motion to exclude Seattle Police Department file and references thereto
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MOOT by agreement.
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5. Motion to exclude evidence or argument on contributory and comparative fault,
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assumption of risk, and co-worker negligence defenses
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GRANTED
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6. Motion to exclude Toxicology Report and any evidence of impairment
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GRANTED
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7. Motion to exclude testimony of defense expert Capt. R. Russell Johnson
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DENIED
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8. Motion to exclude alleged DUI or criminal acts of Ms. Hawkins
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GRANTED
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9. Motion to exclude Defense expressions of sympathy that post-date Ms. Hawkins’ death
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DENIED subject to renewal at trial.
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10. Motion to exclude evidence of or references to payment of funeral expenses
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DENIED subject to renewal at trial.
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11. Motion to exclude witnesses and documents not previously disclosed
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MOOT by agreement.
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12. Motion to exclude references to settlement negotiations
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ORDER ON PLAINTIFF’S MOTIONS IN LIMINE - 2

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MOOT by agreement.

2 13. Motion to exclude references to the parties’ motions in limine
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MOOT by agreement.

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Dated this 5th day of April 2013.

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A

RICARDO S. MARTINEZ
UNITED STATES DISTRICT JUDGE

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ORDER ON PLAINTIFF’S MOTIONS IN LIMINE - 3