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Latimore v. Poon
United States District Court, D. Massachusetts
September 14, 2018
JASON LATIMORE, Plaintiff,
VINCENT POON, Defendant.
ORDER ON MOTIONS IN LIMINE
DENNIS SAYLOR IV, UNITED STATES DISTRICT JUDGE.
Court makes the following rulings on the motions in
limine of the parties. All rulings are subject to
revision or reconsideration depending on the evidence
presented at trial.
docket no. 514, plaintiff has requested evidentiary rulings
on various issues.
motion is granted in part and denied in part, as follows:
• The motion is DENIED as to the shift commander summary
reports. Plaintiff contends that the purpose of the evidence
is to show “the conspiratorial design of covering up
all evidence and reporting requirements related to the
11/2/11 assault.” The only defendant is Vincent Poon;
the shift commanders are not defendants. Furthermore,
plaintiff appears to request that the Court instruct the jury
that it is “routine practice to report issuance (sic)
of disciplinary action in the shift commander summary
report.” The Court cannot instruct the jury as to a
• The motion is DENIED as to the Kelleher affidavit.
Although it is unclear, plaintiff appears to seek to require
an affidavit from an attorney, Victoria Kelleher, certifying
certain records. The Court cannot require a witness to
provide an affidavit.
• The motion is DENIED as to the request for a Rule 45
subpoena to the former Superintendent of MCI-Norfolk, Gary
Roden. The motion seeks the testimony of Roden concerning
evidence of spoliation of evidence. There does not appear to
be any factual basis for believing that Roden spoliated any
evidence or directed that it be done.
• The motion is GRANTED as to the employment records
from Aerotek, Inc. It appears that the records are
admissible, assuming they are offered in proper form, and
that plaintiff intends to use the records for the limited
purpose of proving damages.
• The motion is DENIED as to the last will and testament
of Harvie Latimore Jr. It is unclear what relation Harvie
Latimore Jr. has to the plaintiff, and the will has no
apparent bearing on this case.
• The motion is DENIED as to the disciplinary history of
William Grossi, the former Director of Security at
MCI-Norfolk. Grossi was not involved in the alleged assault
at issue, and it does not appear that he has any relevant
evidence to offer.
• The motion is DENIED without prejudice as to the
disciplinary history of defendant Vincent Poon. It is
possible that the records are relevant to show bias or
otherwise to impeach Poon, but a proper factual basis needs
to be made.
docket no. 539, defendant has moved to preclude certain
witnesses from testifying. The motion is granted in part and
denied in part without prejudice, as follows:
• The motion is GRANTED with respect to William Grossi,
the former Director of Security at MCI-Norfolk. As set forth
above, Grossi does not appear to be a witness.
• The motion is GRANTED with respect to Gary Roden, the
former Superintendent of MCI-Norfolk. Roden was not involved
in the alleged assault at issue, and it does not appear ...
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