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Yancey v. Carson

November 5, 2007

LORI ANN YANCEY, ET AL., PLAINTIFFS,
v.
MARTY CARSON, ET AL., DEFENDANTS.



The opinion of the court was delivered by: C. Clifford Shirley, Jr. United States Magistrate Judge

MEMORANDUM & ORDER

This case is before the undersigned pursuant to 28 U.S.C. § 636(b), the Rules of this Court, and by Order of the Honorable Thomas A. Varlan, United States District Judge, for disposition of the defendants' Objections to Excerpts of Video Deposition of Nicole Windle [Doc. 80], Objections to Plaintiff's Designation of Discovery Deposition Excerpts to be Read at Trial [Doc. 81], Plaintiffs' Motion in Limine Regarding Payments from Collateral Sources [Doc. 83], and Plaintiff's Motion in Limine Regarding Prior Out of Court Statements of Nicole Windle. [Doc. 87] On November 2, 2007, the parties came before the Court for a hearing on the instant objections and motions. Attorney David Wigler was present on behalf of the plaintiffs and attorney John Duffy was present on behalf of the defendants.

For the reasons set forth more fully during the hearing, the Court ruled as follows:

1. Defendants' Objections to Excerpts of Video Deposition of Nicole Windle Porter [Doc. 80] were SUSTAINED in part and OVERRULED in part.

2. Defendants' Objections to Plaintiff's Designation of Discovery Deposition Excerpts to be Read at Trial [Doc. 81] were SUSTAINED in part and OVERRULED in part. Additionally, the parties indicated that Ryan Clark would be available at trial and that Joseph Babb may be available during trial, accordingly the Court found the objections to be MOOT as to Mr. Clark and Mr. Babb. Should Mr. Babb not appear at trial, defendants may renew their objections as to Mr. Babb at that time.

3. Plaintiffs' oral Objections to Penny Carpenter Rector were SUSTAINED in part and OVERRULED in part.

4. Plaintiffs' Motion in Limine Regarding Payments from Collateral Sources [Doc. 83] was GRANTED. Defendants shall be precluded from introducing any evidence at trial as to payments from any collateral sources made to the heirs or estate of John Yancey.

5. Plaintiffs' Motion in Limine Regarding Prior Out of Court Statements of Nicole Windle [Doc. 87] was GRANTED in part and DENIED in part. The Court found portions of the out of court statement to be admissible under Rule 806 of the Federal Rules of Evidence because the statements go toward the declarant's credibility.

IT IS SO ORDERED.

20071105

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