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In re Complaint and Petition of Vickers

United States District Court, E.D. Oklahoma

February 27, 2019

IN THE MATTER OF THE COMPLAINT AND PETITION OF DAVE VICKERS, AS OWNER OF THE M/V WAKESETTER FOR EXONERATION FROM OR LIMITATION OF LIABILITY

          OPINION AND ORDER

          KIMBERLY E. WEST UNITED STATES MAGISTRATE JUDGE

         This matter comes before the Court on Petitioner's Omnibus Motion in Limine (Docket Entry #67). Petitioner seeks to exclude evidence on several matters. Each will be addressed in turn.

         1) Written expert report of Dr. Daniel Cochran (referred to in the Motion as “Dr. Clay Cochran”).

         This Court has addressed this issue in the Daubert motion filed by Petitioner on Dr. Cochran. Dr. Cochran's testimony will be received in the non-jury trial of this case and will be assessed in the final decision for admissibility and reliability.

         2) Referencing or mentioning the filing or outcome of any motions.

         Since this is will be tried to the Court, evidence of the rulings on other motions is known to the Court and need not be excluded.

         3) Net worth comparisons of the solvency of Vickers.

         Claimant confesses the exclusion of this evidence.

         4) Reference to or evidence of settlement negotiations.

         Claimant confesses the exclusion of this evidence.

         5) Referencing or mentioning a decision not to call a witness.

         Generally, no reference should be made to uncalled witnesses at trial. Since this case will be tried without a jury, the exclusion is of less importance.

         6) Reference to Vickers' counsel as “from out of town, ” “not local, ” or similar statements, and any ...


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