Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-01469-SLR Document 43 Filed 10/30/2006 Page 1 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
y DEFENDAN T RICHARDS PAVING, INC.,’S
MOTION IN LIMINE TO PRECLUDE THE TESTIMONY OF LAY WITNESSES
REGARDING PLAINTIFF’S LOST WAGE CLAIM
Defendant Richards Paving, Inc., (hereafter referred to as “Richards Paving")
hereby moves this Court to enter an order granting its Motion in Limine to Preclude any
testimony of plaintiff s lost wages.
1. It is anticipated that plaintiff will attempt to elicit testimony regarding any alleged
lost wages claim.
2. However, plaintiff has never produced an expert report from an economist
addressing any alleged wage lost claim made by plaintiff
3. Pursuant to the Court’s scheduling order, all expert reports were due by May l,
2006. All discovery was to be completed by July 15, 2006.
4. Plaintiff is not an economic expert and should not be permitted to testify about
any wages he may have lost by not being hired by Richards Paving. Such
testimony is purely speculative and should not be considered by this Honorable
Court.

Case 1:04-cv-01469-SLR Document 43 Filed 10/30/2006 Page 2 of 3
5. 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.
6. Furthermore, any testimony elicited by the plaintiff regarding a possible lost wage
claim, does not qualify as opinion testimony by lay witnesses under F .R.E. 701,
WHEREFORE, for the reasons stated above, Richards Paving respectfully
request that this Court grant defendant’s Motion in Limine.
ELZUFON AUSTIN REARDON
TA OV & MONDE , P.
Matthew P. Donelson, ID #4243
300 Delaware Avenue, Suite 1700
P.O. Box 1630
Wilmington, DE 19899-1630
(302) 428-3181
Attomey for Defendant
· Richards Paving, Inc.
Dated: October 30, 2006

Case 1:04-cv-01469-SLR Document 43 Filed 10/30/2006 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Stanford L. Burris :
Plaintiff,
: Civ. No. 04-1469-SLR
v. :
Richards Paving, Inc.
Defendant
ORDER I
AND NOW, this day of , 2006, it is
ORDERED that Defendant Richards Paving, Inc., s’ Motion in Limine to preclude any
testimony regarding plaintiffs lost wages is hereby GRANTED.
IT IS SO ORDERED p
J.