Professional Documents
Culture Documents
Court Reporter:
Not Reported
as it is irrelevant and likely to confuse the jury. Fed. R. Evid. 402, 403. Moreover, the
large quantity of photographs risks becoming cumulative. Fed. R. Evid. 403. The
Court will allow only five photographs to be introduced, and only through the
testimony of Dr. Jones, to the extent her testimony relates to Plaintiffs claimed
emotional distress damages.
Accordingly, Plaintiffs Motion is GRANTED in part and DENIED in part.
B.
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CIVIL MINUTESGENERAL
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Plaintiff filed this motion in limine after the deadline, on the eve of the Pretrial
Conference. The Court had insufficient time to prepare a tentative decision on this
motion and therefore will wait to issue its decision until it hears oral argument on the
motion at the September 29 hearing.
II.
665 F.2d 983, 98586 (9th Cir. 1982) (noting that lay witness testimony must be
predicated upon concrete facts within [the witnesss] own observation and recollection
that is facts perceived from their own senses (quotation marks omitted)).
Here, Plaintiffs counsel have represented that she will testify as to her own
experiences and feelings the morning of August 27. Because her proposed testimony
is within her personal knowledge, it is not impermissible expert testimony, as defined
in Rule 702. Cf. United States v. Mastberg, 503 F.2d 465, 470 (9th Cir. 1974) (holding
that a lay witness may state [her] opinion that a person appeared nervous or
intoxicated (emphasis added)). To the extent that Plaintiff intends to testify only
about her own feelings or experiences that morning, the Court concludes that her
testimony is admissible. A necessary corollary to this conclusion is that Plaintiff may
not testify about technical or scientific reasons to believe she may have been drugged.
Finally, Defendants will not be prejudiced, as they may rebut Plaintiffs testimony
through cross-examination. Defendants may also offer the testimony of their
designated expert witness.
Accordingly, Defendant Roses Motion is DENIED.
B.
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CIVIL MINUTESGENERAL
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The Court agrees with Defendant Rose that this exhibit is irrelevant and unduly
prejudicial under Rules 401 and 403 for the same reasons set out in Part II, supra.
Defendant Roses Motion is GRANTED as to this exhibit.
2.
Exhibit Nos. 10, 11: Photo and Video of Does PTSD Symptoms
Defendant Rose contends that a photo and video of the PTSD symptoms
Plaintiff claims to have developed as a result of her alleged rape bear only a tenuous
connection to her claims of PTSD. Plaintiff responds that she has claimed damages
due to emotional distress and that the exhibits will be used by her expert witness while
discussing Plaintiffs PTSD symptoms.
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CIVIL MINUTESGENERAL
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The Court will defer ruling on these exhibits until Plaintiff has submitted them,
under seal, for the Courts review.
//
4.
The Court will DEFER ruling on Defendant Roses fourth motion in limine
until after the September 29 hearing, consistent with its ruling in Part III.B, supra.
E.
Finally, Defendant Rose seeks to preclude Plaintiff from eliciting the testimony
of the testimony of Jacklyn Moreno, the on-site apartment manager at the time of the
alleged rape. (Docket No. 213). Plaintiff expects Moreno will testify that the entrance
doors to Plaintiffs apartment had no buzzer. Defendant contends that this testimony is
unnecessary, as both parties agree that Plaintiffs apartment had no buzzer, citing Rules
401 and 403.
The Court will impose strict time limits on all parties at trial. The Court doubts
that the testimony of this witness, if indeed it is cumulative on an undisputed point, is
something that Plaintiff will pursue. Nevertheless, the decision is hers.
Accordingly, Defendants Motion is DENIED.
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CIVIL MINUTESGENERAL
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IT IS SO ORDERED.
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CIVIL MINUTESGENERAL
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