Free Motion in Limine - District Court of Arizona - Arizona

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Mishka L. Marshall (#016641) MARSHALL LAW GROUP, P.C. 777 East Thomas Road, Suite 210 Phoenix, AZ 85014 Telephone: 602/274-7873 Facsimile: 602/274-8207 Attorney for Plaintiff

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

SEAN L. HARGROW, Case No. CIV 2003-0642 PHX DGC Plaintiff, V. FEDERAL EXPRESS CORPORATION, a Delaware corporation doing business in Arizona; JOHN and JANE DOES I-X;
BLACK CORPORATION I-X, WHITE LIMITED LIABILITY COMPANIES I-X, PLAINTIFF'S MOTION IN LIMINE RE AFTER ACQUIRED EVIDENCE

Defendants.

Plaintiff Sean Hargrow submits this Motion in Limine respectfully requesting that this Court preclude any testimony, evidence, argument or instruction from Defendant based on the after acquired evidence doctrine. This motion is supported by the following Memorandum of Points and Authorities. MEMORANDUM OF POINTS AND AUTHORITIES Defendant has requested a jury instruction for after acquired evidence. The

doctrine of after acquired evidence is an affirmative defense that should have been pled in Defendant's answer. Fed.R.Civ.P. 8. It was not. Moreover, Defendant has never pled the affirmative defense of after acquired evidence in any motions or pleadings filed with this

Case 2:03-cv-00642-DGC

Document 141

Filed 11/02/2006

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Court. To allow Defendant to present any after acquired evidence violates Fed.R.Civ.P. 8 and is highly prejudicial to Plaintiff. Accordingly, Plaintiff respectfully requests that this Court enter an order precluding any testimony, evidence, argument or instruction from Defendant based on any after acquired evidence. Respectfully submitted this 2nd day of November, 2006. s/Mishka L. Marshall Mishka L. Marshall MARSHALL LAW GROUP, P.C. 777 E. Thomas Rd., Suite 210 Phoenix, Arizona 85014 Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that on November 2, 2006 I transmitted by electronic filing the foregoing Motion in Limine re After Acquired Evidence to the Clerk of the United States District Court for the District of Arizona using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Mary H. Beard FEDERAL EXPRESS CORPORATION 3620 Hacks Crossing Road, Building B-3rd Floor Memphis, Tennessee 38125 Lori Higuera Alec Hillbo FENNEMORE CRAIG, PC 3003 North Central Avenue, Suite 2600 Phoenix, Arizona 85012-2913 Counsel for Defendant s/Mishka L. Marshall Mishka L. Marshall

Case 2:03-cv-00642-DGC

Document 141 2 - Filed 11/02/2006

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