McCullough v. Insurance Company of the State of Pennsylvania et al, No. 2:2009cv06359 - Document 26 (E.D. La. 2010)
Court Description: ORDER and REASONS denying the 24 Motion in Limine as stated within document. Signed by Judge Kurt D. Engelhardt on 10/4/2010. (cab) Modified on 10/4/2010 to edit document type (cab).
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McCullough v. Insurance Company of the State of Pennsylvania et al Doc. 26 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JERALD McCULLOUGH CIVIL ACTION VERSUS NO. 09-6359 THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, ET AL. SECTION "N" (4) ORDER AND REASONS Before the Court is the Motion in Limine (Rec. Doc. 24), filed by Plaintiff Jerald McCullough. In this motion, Plaintiff seeks to exclude evidence/references to: (1) his past use of marijuana, (2) his discharge from the military1, and (3) his Myspace online profile website. This motion is opposed. (See Rec. Doc. 25). After considering the memoranda of the parties, the exhibits attached thereto, and the applicable law, IT IS ORDERED that, for substantially the same reasons stated by Defendants in their Opposition (See Rec. Doc. 25), the Motion in Limine (Rec. Doc. 24) is DENIED. Specifically, this evidence is relevant to the issue of Plaintiff's credibility and to Plaintiff's lost earnings claim. The probative value of this evidence is not substantially outweighed by danger of unfair prejudice. New Orleans, Louisiana, this 4th day of October, 2010. _______________________________ KURT D. ENGELHARDT United States District Judge 1 Defendants agree to refrain from referencing Plaintiff’s military discharge (See Rec. Doc. 25, p. 1); thus, that portion of Plaintiff’s motion is denied as moot. Dockets.Justia.com
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