Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-01469-SLR Document 44 Filed 10/30/2006 Paget of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Stanford L. Burris :
Plaintiff
: Civ. N0. 04-1469-SLR
v. :
Richards Paving, Inc.
Defendant
DEFENDANT RICHARDS PAVING, INC.,’S
MOTION IN LIMINE TO PRECLUDE PLAINTIFF FROM CLAIMING,
ARGUIN G, OR PRESENTING EVIDENCE THAT HE IS ACTUALLY
DISABLED WITHIN THE MEANING OF
THE AMERICANS WITH DISABILITES ACT
Defendant Richards Paving, Inc., (hereafter referred to as "Richards Paving")
hereby moves this Court to enter an order granting its Motion in Limine to plaintiff from
claiming, arguing or presenting evidence that he is actually disabled within the meaning
of the Americans with Disabilities Act (hereafter the ADA).
1. It is anticipated that plaintiff will attempt to testify that he is actually disabled
under the ADA.
2. However, during his deposition testimony, plaintiff testified that he did not
consider himself disabled in any life function, including working. (Exhibit A).
3. Furthermore, their has been no expert report to confirm that plaintiff is actually
disabled under the ADA. A
4. Under the Federal Rules of Evidence (hereafter F.R.E.), rule 403, relevant
evidence may be excluded if its probative value, substantially outweighs the
danger of unfair prejudice, confusion of the issues or misleading the jury.

Case 1:04-cv-01469-SLR Document 44 Filed 10/30/2006 Page 2 of 3
5. In this case, it would be severely prejudicial and contradictory to plaintiffs
previous testimony, to introduce any evidence or testimony that plaintiff is
actually disabled since he does not consider himself disabled.
WHEREFORE, for the reasons stated above, Richards Paving respectfully
request that this Court grant defendant’s Motion in Limine.
ELZUF ON AUSTIN REARDON
TARLOV & MOlj}
Matthew P. Donelson, ID #4243
300 Delaware Avenue, Suite 1700
P.O. Box 1630
Wilmington, DE 19899-1630
(302) 428-3181
Attorney for Defendant
Richards Paving, Inc.
Dated: October 30, 2006

Case 1:04-cv-01469-SLR Document 44 Filed 10/30/2006 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Stanford L. Burris :
Piaimirg {
: Civ. No. 04-1469-SLR
v, :
Richards Paving, Inc.
Defendant
ORDER
AND NOW, this day of , 2006, it is
ORDERED that Defendant Richards Paving, lnc.s’ Motion in Limine to preclude any
testimony by plaintiff regarding his actual disability is hereby GRANTED.
IT IS SO ORDERED
J.