Opinion
Case No. 08-60315-CIV-ROSENBAUM.
February 8, 2010
ORDER
This matter comes before the Court upon Plaintiff United States Securities and Exchange Commission's Motions In Limine to Preclude Evidence of O2HR, LLC Transaction [D.E. 144], to Preclude Evidence of Bankruptcy Court Rulings, Releases or Statements by the Bankruptcy Judge, Settlements, and Information Learned During Mediations or Settlement Discussions [D.E. 145], and to Preclude Evidence that Defendant W. Anthony Huff Was Absolved of Any Criminality, Had Done Nothing Wrong Regarding Prior Criminal Judgment Against Him or Otherwise Collaterally Attack His Felony Convictions [D.E. 148], and Defendant W. Anthony Huff and Relief Defendants Sheri Huff, Roxann Pixler, and Midwest Merger Management, LLC's Motion In Limine [D.E. 172]. The Court has reviewed all of the Motions In Limine, all filings in support thereof and in opposition thereto, and the record, and is otherwise duly advised in the premises, and has announced its rulings on the Motions In Limine and explained the bases for such rulings at the Calendar Call in this matter held on February 8, 2010. This Order serves to memorialize those rulings.
1. Plaintiff's Motion In Limine to Preclude Evidence of O2HR, LLC, Transaction [D.E. 144] is hereby GRANTED IN PART and DENIED IN PART. The Motion is granted to the extent that it seeks to preclude evidence of the O2HR, LLC, Transaction as it relates to liability on the underlying claims. It is denied without prejudice to renew as it relates to any issues of remedies;
2. Plaintiff's Motion In Limine to Preclude Evidence of Bankruptcy Court Rulings, Releases or Statements by the Bankruptcy Judge, Settlements, and Information Learned During Mediations or Settlement Discussions [D.E. 145], is hereby GRANTED IN PART and DENIED IN PART. The Motion is granted to the extent that it seeks to preclude evidence of all information sought to be precluded as it relates to liability on the underlying claims. It is denied without prejudice to renew as it relates to any issues of remedies;
3. Plaintiff's Motion In Limine to Preclude Evidence that Defendant W. Anthony Huff Was Absolved of Any Criminality, Had Done Nothing Wrong Regarding Prior Criminal Judgment Against Him or Otherwise Collaterally Attack His Felony Convictions [D.E. 148] is hereby GRANTED IN PART and DENIED IN PART. The Motion is granted to the extent that the SEC seeks to use the conviction only for purposes of establishing that an indictment or conviction should have been disclosed. It is denied without prejudice to renew to the extent that the SEC attempts to use any felony convictions against Defendant Huff for purposes of impeachment or any other purpose; and
4. Defendant W. Anthony Huff and Relief Defendants Sheri Huff, Roxann Pixler, and Midwest Merger Management, LLC's Motion In Limine [D.E. 172] is GRANTED IN PART and DENIED IN PART. It is granted to the extent that it seeks to preclude reference to Danny Pixler's criminal conviction except as allowed under Rule 609, Fed.R.Evid. It is denied to the extent that it seeks to preclude reference to Defendant W. Anthony Huff's involvement with US Trucking, his insurance disciplinary history, and his prior criminal indictment and conviction. It is further denied without prejudice to renew to the extent that it seeks to preclude the SEC from presenting evidence it has gained through avenues other than its investigation against Certified.DONE AND ORDERED in Chambers at Fort Lauderdale, Florida.