United States District Court, W.D. Washington
Honorable Richard A. Jones United States District Judge
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.
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.
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.
MUTUALLY AGREED MOTIONS IN LIMINE
parties agree not to reference previous attempts by either
party to dismiss any claim or exclude proffered evidence.
parties agree that witnesses should be excluded from the
courtroom until they are called to testify.
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.
parties agree not to reference litigation expenses.
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.
parties agree not to introduce any police reports.
parties agree that Victory Fireworks' CEO, Wayne Schulte,