Horak v. USCIS, No. 3:2021cv01925 - Document 48 (N.D. Tex. 2023)
Court Description: MEMORANDUM OPINION AND ORDER denying 47 MOTION in Limine filed by Isimeme Anita Horak. (Ordered by Senior Judge Sidney A Fitzwater on 3/13/2023) (Senior Judge Sidney A Fitzwater)
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Horak v. USCIS Doc. 48 Case 3:21-cv-01925-D Document 48 Filed 03/13/23 Page 1 of 1 PageID 2398 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION ISIMEME ANITA HORAK, Plaintiff, VS. U.S. CITIZENSHIP AND IMMIGRATION SERVICES, Defendant. § § § § § § § § § § § Civil Action No. 3:21-CV-1925-D MEMORANDUM OPINION AND ORDER Plaintiff’s March 10, 2023 motion in limine to exclude defendant’s improper third-party evidence is denied. The upcoming hearing under 8 U.S.C. § 1421(c) is to be heard by the court, without a jury. It is settled that a motion in limine is unnecessary in a bench trial. See, e.g., Eterna Benefits L.L.C. v. Hartford Life & Acc. Ins. Co., No. 3:96-CV-3065-D, slip. op. at 10 (N.D. Tex. Apr. 5, 1999) (Fitzwater, J.) (holding that “[a] motion in limine . . . [is] unnecessary in a bench trial,” and denying attorney’s fees for time spent preparing motion in limine); Motion in Limine, Black’s Law Dictionary (8th ed. 2004) (defining motion in limine and stating, in pertinent part, “If, after the motion is granted, the opposing party mentions or attempts to offer the evidence in the jury’s presence, a mistrial may be ordered.” (emphasis added)). SO ORDERED. March 13, 2023. _________________________________ SIDNEY A. FITZWATER SENIOR JUDGE Dockets.Justia.com
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