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Baskin v. Farrell

United States District Court, N.D. Indiana, Fort Wayne Division

March 12, 2018

DELLIS MICHAEL BASKIN, Plaintiff,
v.
TRENT FARRELL, et al, Defendants

          OPINION AND ORDER

          PAUL R. CHERRY MAGISTRATE JUDGE.

         These matters are before the Court on Plaintiff's Motion in Limine [DE 42] and Defendants' Motion in Limine [DE 44] both filed with the Court March 2, 2018.

         The Court also considered the separate responses to each Motion in Limine. No Replies were permitted.

         In determination of these issues the Court FINDS, ORDERS, ADJUDGES, and DECREES:

Federal Rule of Evidence 104 provides, in part: “Preliminary questions concerning admissibility of evidence shall be determined by the Court.” Motions in Limine to exclude evidence prior to trial are subject to a rigorous standard of review by the trial court. Courts may bar evidence in limine “only when evidence is clearly inadmissible on all potential grounds.” Dartey v. Ford Motor Co., 104 F.Supp.2d 1017, 1020 (N.D. Ind. 2000) (quoting Hawthorne Partners v. AT&T Tech., 831 F.Supp. 1398, 1400 (N.D. Ill. 1993)). If evidence does not meet this standard, “the evidentiary rulings should be deferred until trial so that questions of foundation, relevance, and potential prejudice may be resolved in proper context.” Id. (quoting Hawthorne, 831 F.Supp. at 1400). Often, the “better practice is to deal with questions of admissibility of evidence as they arise, presenting the issues in a specific context, rather than excluding broad categories of evidence prior to trial.” United States v. Phillips, No. 1:12-CR-872, 2014 U.S. Dist. LEXIS 79916* 5-6 (N.D. Ill. June 12, 2014).

         A court's rulings in limine are preliminary in nature and subject to change. In this Order the Court is not making final determination on the admissibility of evidence. The Court reserves the right to change these rulings during the trial should the Court find that the evidence or arguments at trial justify such change.

         PLAINTIFF'S MOTION IN LIMINE

         1. Plaintiffs' Motion in Limine paragraph 1:

Reference to Defendants' personal ability or inability to pay a judgment in this case. GRANTED. (No objection).

         2. Plaintiff's Motion in Limine paragraph 2:

Reference to the City of Fort Wayne potentially indemnifying the Defendants if there is a judgment in this case against one or more of them.

         GRANTED. (No objection).

         3. Plaintiff's Motion in Limine paragraph 3:

Reference to any source of revenue available to the City of Fort Wayne with which to pay civil judgments.

         GRANTED. ...


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