Stroh v. Saturna Capital Corporation et al

Filing 152

MINUTE ORDER denying in part and deferring in part Plaintiff's 125 MOTIONS IN LIMINE ; granting in part, denying in part, striking in part and deferring in part Defendants' 122 MOTIONS IN LIMINE. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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GORDON SCOTT STROH,

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Plaintiff,
C16-283 TSZ

v.
SATURNA CAPITAL CORPORATION,
et al.,

MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

(1)
Plaintiff’s motion in limine, docket no. 125, is DENIED in part and
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A.

Motion to modify the protective order is DEFERRED to trial;

B.
Motion to exclude the expert report and testimony of Sara Andres is
DENIED; the scope of testimony that will be allowed is DEFERRED to trial;
C.
Motion to exclude letters issued to Saturna Capital Corporation in
2016 by the Securities and Exchange Commission and any reference to them is
DENIED; whether the letters and any responses thereto are admissible evidence is
DEFERRED to trial;
D.
Motion to exclude documents not timely produced is DENIED; the
admissibility of the documents at issue is DEFERRED to trial, but the Court will
not admit into evidence a compact disc or other storage media containing all 544
pornographic images at issue;
E.
Motion to exclude evidence relating to the after-acquired evidence
defense is DENIED as to the alleged discovery violations; the scope of afteracquired evidence that will be admitted at trial is DEFERRED.

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MINUTE ORDER - 1

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(2)
Defendants’ motion in limine, docket no. 122, is GRANTED in part,
DENIED in part, STRICKEN in part, and DEFERRED in part as follows:

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A.
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Motion to limit plaintiff’s evidence is DEFERRED to trial;

B.
Motion to exclude allegations relating to terrorism and criminal
activity is DENIED; the scope and admissibility of such evidence is DEFERRED
to trial;
C.
Motion to exclude purported violations unconnected to any
allegation of retaliation is DENIED; plaintiff will generally be permitted to present
his case, but the exact scope of such evidence is DEFERRED to trial;
D.
Motion to exclude instances of alleged retaliation not disclosed in
discovery is DENIED; plaintiff will generally be permitted to present his case, but
the exact scope of such evidence is DEFERRED to trial;
E.
Motion to exclude evidence of Jim Winship’s and/or Tom Phillips’s
experiences and departures from Saturna Capital Corporation is GRANTED in
part with respect to the reasons for their departures, and DENIED in part as to how
they interacted with defendants;

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F.
Motion to require that evidence be presented in accord with the
attorney-client privilege, Washington Rule of Professional Conduct 1.6, and
Federal Rule of Evidence 502 is DEFERRED to trial;
G.
Motion to exclude testimony of Mary Curran is DEFERRED until
after plaintiff testifies, but the Court is inclined to grant this motion; plaintiff shall
file an offer of proof, under seal, with no exhibits, by June 14, 2017; pursuant to
defendants’ concession, if Curran does not testify, then Andres will not be called
as a witness;
H.
Motion to exclude evidence of emotional distress or other noneconomic damages is STRICKEN as moot in light of plaintiff’s voluntary
dismissal of any claim for emotional distress damages, as reflected in the parties’
stipulation filed on May 24, 2017, docket no. 131.

(3)
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The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 12th day of June, 2017.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2