TODERO v. TOWN OF GREENWOOD et al
| JAMES TODERO |
| AS-YET UNIDENTIFIED GREENWOOD POLICE OFFICERS, BRIAN BLACKWELL, RENEE ELLIOT, ELIZABETH LAUT and TOWN OF GREENWOOD |
| 1:2017cv01698 |
| May 23, 2017 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Mark J. Dinsmore |
| Tanya Walton Pratt |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Defendant |
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Filing
314
ORDER ON MOTIONS IN LIMINE - The parties have filed a combined forty-five motions in limine. A table summarizing the motions and rulings is attached as Appendix A. Consistent with the Court's instructions at the final pretrial conference, counsel shall raise reasonably foreseeable evidentiary issues in advance outside the presence of the jury--generally before or after the trial day, over lunch, or at a break. That includes situations when a party believes that the evidence at tri al justifies a modification to this order. To avoid wasting the jury's time, counsel must make every effort to avoid raising reasonably foreseeable issues when they would require a sidebar or recess, which will be allowed only in extenuating circumstances. The parties' motions in limine are GRANTED in part and DENIED in part in accordance with this order. Dkt. 268 ; dkt. 270 ; dkt. 271 . As with all orders in limine, this order is preliminary and "subject to change when the case unfolds." Luce v. United States, 469 U.S. 38, 41 (1984). No party shall reference or attempt to elicit evidence that has been provisionally excluded by this order without first seeking permission from the Court outside the presence of the jury. Each party SHALL ENSURE its witnesses' compliance with this order. Consistent with the Court's instructions at the final pretrial conference, counsel shall raise reasonably foreseeable evidentiary issues in advance outsid e the presence of the jury--generally before or after the trial day, over lunch, or at a break. That includes situations when a party believes that the evidence at trial justifies a modification to this order. To avoid wasting the jury's tim e, counsel must make every effort to avoid raising issues when they would require a sidebar or recess, which will be allowed only in extenuating circumstances (SEE ORDER FOR ADDITIONAL INFORMATION AND INSTRUCTIONS). Signed by Judge James Patrick Hanlon on 10/7/2021. (DWH)
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Filing
310
ORDER ON MOTION TO EXCLUDE DR. VILKE'S EXPERT TESTIMONY - Ms. Todero's motion to exclude Dr. Vilke's expert testimony is GRANTED in part and DENIED in part. Dkt. 236 . It is GRANTED to the extent that Dr. Vilke may not opine (1) that drug intoxication caused Mr. Todero's Excited Delirium Syndrome, (2) about any pain that Mr. Todero may have experienced, (3) whether the Taser "was functioning properly or made a good connection," or (4) about police practice s. The motion is otherwise DENIED. As with the Court's previous order on expert testimony, dkt. 227, this order is subject to future rulings, such as orders in limine. Each party SHALL ENSURE that its experts understand and follow all orders relevant to their testimony. The Court expects all counsel--who are experienced, sophisticated lawyers--to prepare the expert witnesses accordingly (SEE ORDER ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 9/30/2021. (DWH)
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Filing
227
ORDER ON MOTIONS TO EXCLUDE EXPERT TESTIMONY - Greenwood Defendants' motion to substitute expert witness is GRANTED, dkt. 217 , and Ms. Todero's motion to bar Dr. Wetli's expert testimony is DENIED as moot, dkt. 199 . Dr. Vilke s hall have through September 30, 2020 to complete his expert report. Ms. Todero shall have through October 30, 2020 to depose Dr. Vilke. Objections to Dr. Vilke's expert testimony shall be filed by November 30, 2020. The remaining motions to e xclude expert testimony are GRANTED in part and DENIED in part. Dkt. 191 ; dkt. 193 ; dkt. 195 ; dkt. 197 ; dkt. 201 . This order is subject to future rulings, such as orders in limine. Each party SHALL ENSURE that its experts understand and f ollow this order and all future orders relevant to their testimony. The Court expects all counsel--who are experienced, sophisticated lawyers--to prepare the expert witnesses accordingly (SEE ORDER FOR ADDITIONAL INFORMAITON). Signed by Judge James Patrick Hanlon on 9/16/2020. (DWH)
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Filing
177
ORDER ON DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT - The City of Greenwood's and Officers Elliot and Laut's motion for summary judgment, dkt. 107 , is GRANTED in part and DENIED in part. Officers Elliot and Laut are GRANTED summar y judgment on Ms. Todero's excessive force, conspiracy, and Indiana-law claims and DENIED summary judgment on Ms. Todero's failure-to-intervene claim. The City of Greenwood is GRANTED summary judgment on Ms. Todero's Monell liabilit y claims and DENIED summary judgment on Ms. Todero's Indiana-law claims. Officer Blackwell's motion for summary judgment, dkt. 110 , is GRANTED on Ms. Todero's Indiana-law claims and DENIED on Ms. Todero's excessive-force claim. Magistrate Judge Dinsmore is asked to conduct a second settlement conference. If no settlement is reached, the Court will hold a status conference to schedule final pretrial and trial settings (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 5/28/2019. (DWH)
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