Doss v. Boyd Tunica, Inc.

Full title: GLEN ALLEN DOSS, PLAINTIFF, v. BOYD TUNICA, INC., DEFENDANT

Court: United States District Court, N.D. Mississippi, Delta Division

Date published: Aug 5, 2010

CIVIL ACTION NO. 2:08CV227-P (N.D. Miss. Aug. 5, 2010)

Opinion

CIVIL ACTION NO. 2:08CV227-P.

August 5, 2010

ORDER

W. PEPPER JR., District Judge

These matters come before the court upon the defendant's July 30, 2010 motion in limine regarding Marc Silverberg and Kimyata Randall [48] and omnibus motion in limine; the plaintiff's motions to strike those motions in limine [50, 51], and the plaintiff's motions for additional time to respond to the motions in limine [52, 53]. After due consideration of the motions, the court finds as follows, to-wit:

Local Rule 7.2(b)(4) requires motions in limine to be filed ten calendar days before the pretrial conference. In this instance, both of the subject motions in limine were filed at least five months after the deadline.

The court concludes that the reasons given by the defendant regarding the timeliness of the motion seeking to exclude testimony of two of the plaintiff's witnesses, Mark Silverberg and Kimyata Randall, justify allowing the motion despite its untimeliness. Accordingly, the court will consider arguments on this motion on the day of trial.

The court concludes that the omnibus motion in limine should be stricken as untimely. Thus, the court declines to give a pretrial ruling on the matters discussed in the motion not only because of its untimeliness, but also because there is no reasonable time to allow the plaintiff to respond before trial this coming Monday. Accordingly, the defendant will have to make these objections during trial.

Since trial begins this coming Monday — today being Thursday — the court concludes that the plaintiff's motions for more time to respond to the motions in limine should be denied as moot. The court will consider the plaintiff's responses at trial.

IT IS THEREFORE ORDERED AND ADJUDGED that:

(1) The court will defer ruling on the defendant's July 30, 2010 motion in limine regarding Marc Silverberg and Kimyata Randall [48] and matters referenced in the defendant's omnibus motion in limine until trial;

(2) The plaintiff's motion to strike the omnibus motion in limine is GRANTED;

(3) The plaintiff's motion to strike the defendant's motions in limine regarding Marc Silverberg and Kimyata Randall is DENIED; and

(4) The plaintiff's motions for additional time to respond to the motions in limine [52, 53] are DENIED as moot.

SO ORDERED.