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Fagg v. Holder

United States District Court, Eighth Circuit

November 27, 2013

MARTHA A. FAGG, Plaintiff,
v.
ERIC H. HOLDER, JR., Attorney General of the United States, Defendant.

MEMORANDUM AND ORDER

RICHARD G. KOPF, District Judge.

In order to help the lawyers better prepare for trial, I now rule on two motions in limine that seem to me to be especially important. The other motions in limine have been held in abeyance and will be resolved immediately prior to the commencement of trial.

IT IS ORDERED that:

1. Due to the late disclosure that was not substantially justified and not harmless, the motion in limine (filing no. 89) is granted and the plaintiff is precluded from calling as witnesses Marti Sleister, Elizabeth Smith, Jon Awtry, James Book, and Bryan Stocking.
2. Because the evidence is not relevant or, if relevant, the evidence would be unduly prejudicial, the motion in limine (filing no. 90) is granted and, in particular, there shall be no reference to "the Hulk" e-mail.

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