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Schneider National Carriers, Inc. v. Fireworks Northwest, LLC

United States District Court, W.D. Washington

June 6, 2017

SCHNEIDER NATIONAL CARRIERS, INC., Plaintiff,
v.
FIREWORKS NORTHWEST, LLC and SCOTT MILLER and JANE DOE MILLER Defendant.

          ORDER

          Honorable Richard A. Jones United States District Judge

         I. INTRODUCTION

         This matter comes before the Court on Defendants Scott Miller and Fireworks Northwest's (collectively, “Defendants”) Motions in Limine. Dkt. # 45. For the reasons that follow the Court GRANTS in part and DENIES in part the motions.

         II. BACKGROUND

         Plaintiff Schneider National Carriers, Inc., (“Plaintiff”) alleges that by accepting delivery of a shipment of fireworks intended for a competitor, Victory Fireworks, Inc. (“Victory”), Defendants engaged in conversion and were unjustly enriched. Dkt. # 8 at ¶¶ 3.1-3.9. Discovery has closed, the dispositive motions deadline has passed, and trial is set for June 12, 2017.

         III. LEGAL STANDARD

         Parties may file motions in limine before or during trial “to exclude anticipated prejudicial evidence before the evidence is actually offered.” Luce v. United States, 469 U.S. 38, 40 n.2 (1984). To resolve such motions, the Court is guided by Federal Rules of Civil Procedure 401 and 403. Specifically, the Court considers whether evidence “has any tendency to make a fact more or less probable than it would be without the evidence, ” and whether “the fact is of consequence in determining the action.” Fed.R.Evid. 401. But the Court may exclude relevant evidence if “its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.” Fed.R.Evid. 403.

         IV. MUTUALLY AGREED MOTIONS IN LIMINE

         1. The parties agree not to reference previous attempts by either party to dismiss any claim or exclude proffered evidence.

         2. The parties agree that witnesses should be excluded from the courtroom until they are called to testify.

         3. The parties agree not to reference the probable testimony of a witness who is absent, unavailable, or will not be called to testify in this case.

         4. The parties agree not to reference litigation expenses.

         5. The parties agree not to refer to the “golden rule” or similar themes, whether directly or indirectly. This includes any argument that asks jurors to place themselves in the position of either party or to grant relief that they would feel entitled to if they were in the same position.

         6. The parties agree not to introduce any police reports.

         7. The parties agree that Victory Fireworks' CEO, Wayne Schulte, ...


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