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Bevan v. Valencia

United States District Court, D. New Mexico

September 4, 2018

AEVIEE BEVAN, as Personal Representative of the Estate of Desiree Gonzales, deceased, Plaintiff,
v.
GABRIEL VALENCIA, Youth Development Admin., Individually; MATTHEW EDMUNDS, Corrections Officer, Individually; JOHN ORTEGA, Corrections Officer, Individually; MOLLY ARCHULETA, Corrections Nurse, Individually; ST. VINCENT HOSPITAL; and NATHAN PAUL UNKEFER, M.D., Defendants.

          ORDER ON MOTIONS IN LIMINE TAKEN UNDER ADVISEMENT

         On August 29, 2018, the Court heard argument on numerous motions in limine, some of which the Court took under advisement. See (Doc.370). Lee Hunt represented Plaintiff at the hearing while Mark Komer represented County Defendants, Steven Gonzales represented Defendant Molly Archuleta, and Thomas Mack and Jason Yamato represented Defendant Nathan Paul Unkefer, M.D.

         Having reviewed the motions in limine which the Court took under advisement, the responses to those motions, the argument of counsel at the August 29, 2018, hearing, the Court ORDERS as follows:

1. Nathan Unkefer, M.D. 's Motion In Limine to Bar Questions to Dr. Unkefer Regarding Learning Treatises (Doc. 259), filed July 10, 2018, is denied without prejudice to raising the motion at trial;
2. (a) Nathan Paul Unkefer M.D. 's Motion in Limine to Bar Testimony Interpreting Video Surveillance (Doc. 261), filed July 10, 2018;
(b) St. Vincent's Motion in Limine to Bar Testimony Regarding Video Surveillance (Doc. 266), filed July 10, 2018; and
(c) County Individual's Motion in Limine Concerning Expert Testimony About Video Evidence (Doc. 279), filed July 13, 2018.
The Court grants, in part, these three motions to the extent that Plaintiff cannot elicit expert testimony interpreting or explaining the surveillance video while simultaneously playing the surveillance video. Plaintiffs experts, however, can testify as to whether they viewed the surveillance video and to what in the surveillance video informed their expert opinions. The Court further denies the motions without prejudice to raising these motions at trial as they may relate to lay opinion testimony under Fed.R.Evid. 701(b).
3. Defendant St. Vincent Hospital's Motion in Limine Regarding Discrete Trial Evidentiary Issues (Doc. 262), filed July 10, 2018.
The Court has already granted the motion as to references to the "conscience of the community." To the extent necessary, the Court denies the remainder of the motion without prejudice to raising the motion at trial.
4. Defendant St. Vincent Hospital's Motion In Limine to Exclude Testimony Concerning Other Providers and Subsequent Admission (Doc. 267), filed July 10, 2018, is granted, in part, in that Plaintiff may only elicit testimony and other evidence relevant to the claims against Defendant Unkefer arising from Desiree Gonzales' second admission to St. Vincent Hospital on May 8, 2014.
5. Plaintiff's Motion in Limine to Exclude Evidence and Argument Regarding Desiree Gonzales's Parents' Actions After Her Death (Doc. 274), filed July 13, 2018, is granted, in part, as follows:
First, only Janel Gonzales may testify regarding the agreement to divide the proceeds from this lawsuit, if she has personal knowledge of the agreement.
Second, testimony and evidence related to the state personal representative ...

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