Opinion
Case No. 1:08-cv-00856 OWW GSA.
December 14, 2010
B. CLYDE HUTCHINSON, State Bar No. 037526, VINCENT CASTILLO, State Bar No. 209298, JASON B. SHANE, State Bar No. 253908, LOMBARDI, LOPER CONANT, LLP, Oakland, CA, Attorneys for Defendants, NATIONAL RAILROAD PASSENGER CORPORATION (erroneously sued herein as AMTRAK CALIFORNIA), BNSF RAILWAY COMPANY (erroneously sued herein as BURLINGTON NORTHERN SANTA FE RAILWAY), and STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION.
The Motion In Limine of Defendants National Railroad Passenger Corporation, BNSF Railway Company, and State of California, (hereinafter "NRPC, BNSF and California") to Limit or Exclude Evidence Pertaining To Articles About Defendants Or The Subject Accident came on regularly for hearing on December 1, 2010, in Department 3 of the above-captioned Court. Plaintiff Lucio Corral Rodriguez was represented by Aaron Markowitz, Esq. Defendants NRPC, BNSF and California were represented by Clyde Hutchinson and Vincent Castillo. The County of Stanislaus was represented by Dan Farrar. Having considered the moving papers, any opposition filed, and following oral argument, the Court orders as follows:
The Motion in Limine is GRANTED in part.
1. Plaintiff is barred from presenting evidence of news articles, news video, or other news reports for purposes of demonstrating that accidents at railroad crossings are a matter of public interest. Plaintiff is further barred from presenting evidence of news photographs or news video, absent a showing of the requisite foundation for photographic evidence under Fed.R.Evid. 1001, et seq. Plaintiff is further barred from presenting evidence of news photographs or news video that includes any commentary or discussion concerning anything other than the subject which is depicted in the video.
Plaintiff is not permitted to make reference in the selection of a jury, presentation of evidence, reference to evidence, testimony, or argument of the matters precluded above.
IT IS SO ORDERED.
Dated: December 9, 2010