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Berardi v. Village of Sauget

September 10, 2009

DAMON BERARDI, PLAINTIFF,
v.
VILLAGE OF SAUGET, ILLINOIS, ET AL., DEFENDANTS.



The opinion of the court was delivered by: Proud, Magistrate Judge

ORDER

Before the Court is plaintiff Berardi's Motion to Strike and Motion in Limine (Doc. 106), andthe defendants' response thereto (Doc. 109).

Plaintiff's First Motion in Limine

In the trial relative to defendant Jeff Donahey, plaintiff Damon Berardi moves to prohibit defendant from offering any evidence regarding the following enumerated categories of information. The Court's rulings appear in bold.

1. Any evidence, statement, or argument of other crimes, wrongs, or acts to prove the character of Plaintiff's witnesses to show that they acted in conformity with that character during the incident mentioned in the Complaint See Fed. R. Evid. 404 and Fed. R. Evid. 609(a)(1).

GRANTED. Defendant does not object, provided the Rules of Evidence are applied equally to both parties, which, of course, will be the case.

2. Any evidence, statement, or argument of crimes committed by Plaintiff including, especially, the conviction for an ordinance violation in connection with the events of December 26-27, 2004. Such evidence cannot be employed properly to prove character See Fed. R. Evid. 404; and the probative value of admitting evidence of that conviction does not outweigh its prejudicial effect. See Fed. R. Evid. 609(a)(1).

RULING RESERVED. Plaintiff contends his conviction for disorderly conduct resulted from a "finding of guilt," while defendant asserts plaintiff pled guilty to the offense. Until this material issue is cleared up, the Court cannot properly analyze this issue. Furthermore, the admission of the conviction would be contingent upon plaintiff arguing to the jury that he had done nothing wrong, which remains to be seen.

3. Any evidence, statement, or argument about settlement negotiations. Evidence of settlement negotiations is inadmissible. See Fed. R. Evid. 408.

GRANTED. Defendant does not object, provided the Rules of Evidence are applied equally to both parties, which, of course, will be the case.

4. Any evidence by an expert witness who was not identified as a testifying expert in responses to interrogatories and not designated by the time set forth in the pretrial order or local rule. Coastal Fuels, Inc. v. Caribbean Pet. Corp., 79 F.3d 182, 202-03 (1st Cir. 1996); see In re Paoli R.R. yard PCB Litig., 35 F.3d 717, 738-41 (3d Cir. 1994); Alldread v. City of Grenada, 988 F.2d 1425, 1435-36 (5th Cir. 1993).

DENIED. Defendant is unaware of any "surprise expert witnesses." Insofar as experts may have been disclosed and/or deposed after the deadlines set by the Court, but without formal objection, the Court considers the parties to have waived any objection at this juncture.

5. Any opinion by an expert witness that is not supported by admissible facts. See Guillory v. Domtar Indus. Inc., 95 F.3D 1320, 1331 (5TH Cir. 1996).

GRANTED. Subject to a formal objection during trial, the Court will apply the Rules of Evidence to all witnesses and evidence.

6. Any evidence by an expert witness that is outside the scope of the expert's written opinion produced during pretrial discovery. See Thudium v. Allied Prods. Corp., 36 F.3d 767, 769-70 (8th Cir. 1994).

GRANTED. Subject to a formal objection during trial, the Court will apply the Rules of Evidence to all witnesses and evidence.

7. Any secondary evidence presented because Defendant did not make a sufficiently diligent search for material requested during discovery. See Cartier v. ...


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