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Leal v. TSA Stores Inc.

United States District Court, N.D. Indiana, Hammond Division

September 12, 2019

MICHELLE LEAL, Plaintiff,
v.
TSA STORES, INC. d/b/a THE SPORTS AUTHORITY Defendant.

          OPINION AND ORDER

          JOSHUA P. KOLAR MAGISTRATE JUDGE

         This matter is before the Court on Plaintiff's Motion in Limine [DE 183], Defendant's Motions in Limine [DE 184], and Defendant's Supplemental Motions in Limine [DE 185]. The first two motions were filed on August 16, 2019. The third motion was filed on August 28, 2019. Responses to the first two motions were filed on August 28, 2019, and the response to the third motion was filed September 5, 2019. No replies were filed.

         “A motion in limine is a request for the court's guidance concerning an evidentiary question.” Mason v. City of Chicago, 631 F.Supp.2d 1052, 1055 (N.D. Ill. 2009) (citing Wilson v. Williams, 182 F.3d 562, 570 (7th Cir. 1999); Kiswani v. Phoenix Security Agency, Inc., 247 F.R.D. 554, 557 (N.D.Ill.2008)). Evidence is properly barred in limine if the evidence is “inadmissible on all potential grounds.” Id. (citing Townsend v. Benya, 287 F.Supp.2d 868, 872 (N.D. Ill. 2003)). If evidence does not meet this standard, the evidentiary ruling “should be deferred until trial so that questions of foundation, relevancy and potential prejudice may be resolved in proper context.” Id. at 1055-56 (quoting Hawthorne Partners v. AT & T Techs., Inc., 831 F.Supp. 1398, 1400 (N.D. Ill. 1993)).

         An order on motions in limine is a preliminary order, subject to change. This Opinion and Order is not a final determination on any of the following issues and may be changed during the course of trial if justified by the evidence or arguments.

         Based on the foregoing, the Court hereby GRANTS in part and TAKES UNDER ADVISEMENT in part Plaintiff's Motion in Limine [DE 183], Defendant's Motions in Limine [DE 184], and Defendant's Supplemental Motions in Limine [DE 185]. The parties shall not mention in the presence of the jury the motions in limine or the Court's rulings thereon.

         Regarding the following matters no evidence, testimony, argument, or reference will be permitted at trial:

1. Documents that were not produced during discovery or otherwise disclosed;
2. Affidavits, statements, interviews, or declarations of Defendant's witnesses to resolve disputed issues of fact; additionally, Defendant must lay a proper foundation before using such documents to refresh a witness's recollection or before such documents are read into evidence;
3. Documents to which there is not yet a proper foundation until such a foundation is laid, absent the agreement of the parties;
4. Expert testimony;
5. Trial exhibits that are incomplete documents;
6. Expert opinions given by lay witnesses;
7. Reference to settlement negotiations between ...

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