United States District Court, Eastern District of New York
May 7, 2003
NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, PLAINTIFF
A.A. ARMS INC., ET AL., DEFENDANTS. NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, PLAINTIFF, V. ACUSPORT CORP., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Jack Weinstein, Senior District Judge
IN LIIMINE EVIDENTIARY RULINGS
MAY 2, 2003
Motions in limine were heard on Friday, May 2, 2003, at 8:00 a.m. The following rulings were made for the reasons stated orally on the record at the hearing.
1. Defendants' Exhibit Notebooks
Defendant Smith & Wesson Corp. ("Smith & Wesson") withdraws its motion to enter an indexed notebook of its exhibits into evidence. If any other defendants still wish to move prepared exhibit notebooks into evidence, the matter should be raised on Monday morning, May 5, 2003.
2. Dr. Mathiowetz's Exhibits
Plaintiff objects to certain of the exhibits used during the testimony of Dr. Mathiowetz that defendants now wish to place in evidence. Defendants' Exhibit 600 is voluntarily withdrawn. Plaintiffs objection to defendants' exhibit 615, the set of best practices for survey and public opinion research from the website of the American Association for Public Opinion Research, is sustained. Exhibit 615 is excluded on hearsay grounds and Federal Rule of Evidence 403 grounds as likely to confuse in light of conflicting testimony on aspects of this document. Plaintiffs objection to defendants' exhibit 610, titled "Constantly Changing FTS Data," is sustained in part. Exhibit 610 is admitted with the word "constantly" redacted from the title.
Plaintiff raised no objections to defendants' exhibits 433, 536, 606, 608, 609, 613, 633, 638, 643, and 646. These exhibits are admitted.
3. Jurors' Notebooks
Plaintiffs objection to the placement of defendants' exhibit 71 in the jurors' notebooks is voluntarily withdrawn.
The jurors will be asked to remove their notes from their notebooks before leaving this evening so that the notebooks can be checked to ensure that all jurors have all of the proper exhibits. Any additional exhibits that parties have agreed to place in the notebooks may also be added at this time.
5. Other Evidentiary Matters
Plaintiffs Exhibit 2200, the transcripts of all deposition testimony played for the court and the jury, is marked for identification for appellate purposes.
Defendants' Exhibit 70-A, a "Don't Lie for the Other Guy" pamphlet, is admitted into evidence.
Plaintiff and defendants are ordered to prepare a list of the exhibits that have been admitted into evidence for the court and the jury. If there is any disagreement, I will consult my bench notes and the court record to resolve it.
There are no open motions to be held over. The court will hear any new motions received on Monday, May 5, 2003, at 8:30 a.m. If defendants have any objections to plaintiffs proposed rebuttal case, they may also be heard at that time. The charging conference will be held on Monday at 2:00 p.m.
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