IDS Property Casualty Insurance Co v. Fellows

Filing 141

ORDER granting in part, denying in part and deferring in part plaintiff's 126 Motion in Limine by Judge Thomas S. Zilly.(RS)

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The Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON

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AT SEATTLE

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IDS PROPERTY AND CASUALTY
INSURANCE COMPANY, an admitted
insurer,

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Plaintiff,
vs.
CHARLES H. FELLOWS,

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Defendant.

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) Case No. 2:15-cv-02031-TSZ
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) ORDER ON PLAINTIFF’S MOTION
) IN LIMINE
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Plaintiff IDS Property and Casualty Insurance Company’s Motion in Limine, docket
no. 126, is GRANTED in part, DENIED in part, and DEFERRED in part, as follows:
MOTION 1 to preclude all evidence or argument regarding alleged or inferred bias
against defendant Charles H. Fellows is DENIED.
MOTION 2 is GRANTED in part as to non-party witnesses, and DEFERRED in part as
to expert witnesses.
MOTION 3 to preclude evidence and argument of the Insurance Fair Conduct Act is
DENIED.
MOTION 4 to preclude all evidence or argument of trebling of damages is GRANTED.

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ORDER ON PLAINTIFF’S MOTION IN LIMINE
(Case No. 2:15-cv-2031) - PAGE 1

60I357
THENELL LAW GROUP
12909 SW 68th Pkwy., Suite 320
Portland, Oregon 97223
Telephone: [phone]
Facsimile: [phone]

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MOTION 5 to preclude all evidence or argument invoking the “Golden Rule” or the
“consciousness of the community” is GRANTED.
MOTION 6 to preclude all evidence or argument based upon the 2009 manual authored
by Ball & Kennan entitled Reptile: 2009 Manual of the Plaintiff’s Revolution is GRANTED.
MOTION 7 to preclude all lay witness opinions or legal conclusions on ultimate issues,
including, but not limited to, replacement cost value is DENIED.
MOTION 8 to preclude all evidence or argument regarding Replacement Cost Value for
personal property is DENIED.
MOTION 9 to preclude all evidence or argument regarding speculative damages is
DEFERRED.

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MOTION 10 to preclude all personal opinions of counsel is GRANTED.

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MOTION 11 is GRANTED as to post-litigation settlement offers, demands, negotiations,

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discussions, or conferences. Except as granted, MOTION 11 is otherwise DENIED.
MOTION 12 to preclude all evidence or references to the expenses of litigation is
DENIED.
MOTION 13 to preclude all evidence or argument of discovery disputes, litigation
strategy or tactics, these motions in limine, and other pretrial motions is DEFERRED.

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MOTION 14 to preclude all evidence or argument regarding the alleged “reputation,”

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“habits,” and/or “violations” of Washington law of and/or by Daniel E. Thenell or Thenell Law

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Group, PC is DEFERRED.

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MOTION 15 to preclude all evidence not produced in discovery except for evidence used
for impeachment pursuant to LCR 16(h)(6) is GRANTED.

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MOTION 16 to preclude all evidence or testimony from Paul Pederson is DENIED.

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MOTION 17 to preclude all evidence or argument of emotional distress is DENIED.

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ORDER ON PLAINTIFF’S MOTION IN LIMINE
(Case No. 2:15-cv-2031) - PAGE 2

60I357
THENELL LAW GROUP
12909 SW 68th Pkwy., Suite 320
Portland, Oregon 97223
Telephone: [phone]
Facsimile: [phone]

MOTION 18 to preclude all evidence or argument as to Fellows’s status as an insured

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under the applicable insurance policy is DENIED.

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IT IS SO ORDERED.

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DATED this 8th day of March, 2017.

A

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Thomas S. Zilly
United States District Judge

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RESPECTFULLY SUBMITTED BY:

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Dated: February 23, 2017.
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By:
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/s/ Daniel E. Thenell
Daniel E. Thenell, WSBA No. 37297
Email: [e-mail]
Alexander H. Hill, pro hac vice
Email: [e-mail]
Of Attorneys for Plaintiff IDS Property
and Casualty Insurance Company

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ORDER ON PLAINTIFF’S MOTION IN LIMINE
(Case No. 2:15-cv-2031) - PAGE 3

60I357
THENELL LAW GROUP
12909 SW 68th Pkwy., Suite 320
Portland, Oregon 97223
Telephone: [phone]
Facsimile: [phone]