IDS Property Casualty Insurance Co v. Fellows

Filing 142

ORDER granting in part, denying in part and deferring in part defendant's 128 Motion in Limine by Judge Thomas S. Zilly.(RS)

The Honorable Thomas S. Zilly

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UNITED STATES DISTRICT COURT

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WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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IDS PROPERTY AND CASUALTY
INSURANCE COMPANY, an admitted insurer,
Plaintiff,

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v.

No. 2:15-CV-2031 TSZ
ORDER ON DEFENDANT’S MOTION
IN LIMINE

CHARLES H. FELLOWS,
Defendant.

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Defendant Charles H. Fellows’s Motion in Limine, docket no. 128, is GRANTED in part,
DENIED in part, and DEFERRED in part, as follows:
MOTION 1 is GRANTED in part as to the 2001 drug conviction based on Rule 403 and

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as to other charges, arrests, or allegations of misbehavior that did not ripen into a conviction.

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Except as granted, MOTION 1 is otherwise DENIED.

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MOTION 2 is GRANTED in part as to opinion testimony, expert testimony, or other
non-disclosed testimony by Eric Michalak relating to Battered Women’s Syndrome. Except as

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granted, MOTION 2 is DEFERRED.

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ORDER ON DEFENDANT’S MOTION IN LIMINE
(2:15-CV-2031 TSZ) - 1

KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, W ashington 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]

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MOTION 3 to preclude argument by IDS that Fellows committed “domestic abuse” or
“domestic violence” or was “the abuser” is DENIED.
MOTION 4 to preclude argument regarding insurance fraud is DENIED as moot.
MOTION 5 to preclude improper rebuttal evidence is DEFERRED to trial.

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MOTION 6 to preclude argument that Osborne did not commit domestic violence
because she was not arrested, charged, or convicted is DEFERRED.
MOTION 7 to preclude argument that coverage is excluded based on intentional acts by
Osborne’s children is DENIED.
IT IS SO ORDERED.
DATED this 8th day of March, 2017.

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A

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Thomas S. Zilly
United States District Judge

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Presented by:

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KELLER ROHRBACK L.L.P.

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By: s/ Ian S. Birk
William C. Smart, WSBA #8192
Ian S. Birk, WSBA # 31431
Attorneys for Plaintiffs

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ORDER ON DEFENDANT’S MOTION IN LIMINE
(2:15-CV-2031 TSZ) - 2

KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, W ashington 98101-3052
TELEPHONE: [phone]
FACSIMILE: [phone]