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Electronically Submitted
11/28/2022 12:00 AM
Hidalgo County Clerk
Accepted by: Carlos Guerra
CAUSE NO. CL-22-0276-G
FRED LOYA INS. AGENCY, § IN THE COUNTY COURT
Plaintiff, §
§
vs. §
§ AT LAW NO. 7
ERIKA SALINAS HERNANDEZ, §
Defendant. §
§ HIDALGO COUNTY, TEXAS
DEFENDANT’S MOTION IN LIMINE
TO THE HONORABLE JUDGE OF THIS COURT:
Erika Salinas Hernandez, Defendant in the above-styled and numbered cause,
makes this Motion in Limine, requesting the exclusion of certain irrelevant, inadmissible,
or prejudicial matters, pursuant to the Texas Rules of Civil Procedure and the Texas Rules
of Evidence, and as grounds for such Motion respectfully shows the Court as follows:
I.
The matters enumerated in the following paragraphs are irrelevant, inadmissible,
highly prejudicial and inflammatory, and should not be brought before the jury in any form.
The injection of such matters into the trial of this cause by any party, attorney, or witness
would cause irreparable harm to this Defendant’s cause, which no instruction by the Court
to the jury could cure. Should any of the matters be brought to the attention of the jury,
directly or indirectly, this Defendant would be compelled to file a Motion for Mistrial.
Therefore, in an effort to avoid probable prejudice and a possible mistrial in this cause,
Defendant Erika Salinas Hernandez moves the Court in limine as set forth below.
II.
Defendant BLATTNER ENERGY, INC. moves the Court to instruct all attorneys in
this case, and order them in turn to instruct all witnesses that they place upon the stand,
Electronically Submitted
11/28/2022 12:00 AM
Hidalgo County Clerk
Accepted by: Carlos Guerra
not to question, mention, argue or make any statements or references to any of the
following matters within the hearing of the jury or the jury panel, without first obtaining the
Court’s express permission, outside of the hearing of the jury or jury panel, to do so:
1. That the Defendant has received a defense by attorneys chosen by an insurance
company, or that payment to the Plaintiff in the event liability is found could be
made by an insurance group; that the Defendant is or may be protected in any
respect by auto, liability, or some similar form or insurance, contract or policy. The
Defendant further requests the Court to instruct the Plaintiff, Plaintiff’s attorneys
and witnesses to make no mention of the fact that the investigation or preparation
of this matter has been conducted or performed by or on behalf of the Defendant’s
insurance carrier. Southern Pacific Transportation Company v. Peralez, 546
S.W.2d 88 (Tex. Civ. App.—Corpus Christi 1976, writ ref’d n.r.e.).
GRANTED ____________ DENIED ____________
2. Any reference or comment from an attorney for the Plaintiff or testimony from any
witnesses regarding fees incurred or paid by the Defendant for legal work in
defending this case as such are patently irrelevant.
GRANTED ____________ DENIED ____________
3. Any mention of Plaintiff’s counsel’s personal opinions as to credibility of any
witness or the culpability of the Defendant, except that Plaintiff’s counsel may
argue on his analysis of the evidence and other permissible considerations for any
position or conclusion. Wallace v. Liberty Mutual Insurance Co., 413 S.W.2d 787,
790 (Tex. Civ. App.—Houston 1967, writ ref’d n.r.e.).
GRANTED ____________ DENIED ____________
Respectfully submitted,
ATLAS, HALL & RODRIGUEZ, LLP
P. O. Box 3725
818 W. Pecan Blvd. (78501)
McAllen, Texas 78502
(956) 682-5501 – Phone
(956) 686-6109 – Fax
By: /s/ Bryan T. Ramirez
Bryan T. Ramirez
State Bar No. 24126029
Email: bramirez@atlashall.com
ATTORNEY FOR DEFENDANT
Electronically Submitted
11/28/2022 12:00 AM
Hidalgo County Clerk
Accepted by: Carlos Guerra
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above and foregoing document
was served upon all counsel of record in this cause pursuant to the Texas Rules of Civil
Procedure on the 27th day of November 2022, to wit:
Jared B. Hall
Rathbone Group, LLC
5930 Royal Lane, Ste E #515
Dallas, TX 75230
(800) 870-5521
(216) 298-4495– Facsimile
E-Mail: JHall@Rathbonegroup.com
Jessica R. Lobes
Rathbone Group, LLC
5930 Royal Lane, Ste E #515
Dallas, TX 75230
(800) 870-5521
(216) 298-4495– Facsimile
E-Mail: JLobes@Rathbonegroup.com
Attorneys for Plaintiff
By: /s/ Bryan T. Ramirez
Bryan T. Ramirez
Automated Certificate of eService
This automated certificate of service was created by the efiling system.
The filer served this document via email generated by the efiling system
on the date and to the persons listed below. The rules governing
certificates of service have not changed. Filers must still provide a
certificate of service that complies with all applicable rules.
Envelope ID: 70460922
Status as of 11/28/2022 8:31 AM CST
Associated Case Party: Fred Loya Insurance Agency
Name BarNumber Email TimestampSubmitted Status
Jared BHall JHall@rathbonegroup.com 11/27/2022 8:40:55 PM SENT
Jessica Lobes JLobes@RathboneGroup.com 11/27/2022 8:40:55 PM SENT
Associated Case Party: Erika Salinas Hernandez
Name BarNumber Email TimestampSubmitted Status
Bryan Ramirez bramirez@atlashall.com 11/27/2022 8:40:55 PM SENT
T. CassKeramidas cass@keramidaslaw.com 11/27/2022 8:40:55 PM SENT
Case Contacts
Name BarNumber Email TimestampSubmitted Status
Kanny Barahona kbarahona@atlashall.com 11/27/2022 8:40:55 PM SENT
Preview
Electronically Submitted 11/28/2022 12:00 AM Hidalgo County Clerk Accepted by: Carlos Guerra CAUSE NO. CL-22-0276-G FRED LOYA INS. AGENCY, § IN THE COUNTY COURT Plaintiff, § § vs. § § AT LAW NO. 7 ERIKA SALINAS HERNANDEZ, § Defendant. § § HIDALGO COUNTY, TEXAS DEFENDANT’S MOTION IN LIMINE TO THE HONORABLE JUDGE OF THIS COURT: Erika Salinas Hernandez, Defendant in the above-styled and numbered cause, makes this Motion in Limine, requesting the exclusion of certain irrelevant, inadmissible, or prejudicial matters, pursuant to the Texas Rules of Civil Procedure and the Texas Rules of Evidence, and as grounds for such Motion respectfully shows the Court as follows: I. The matters enumerated in the following paragraphs are irrelevant, inadmissible, highly prejudicial and inflammatory, and should not be brought before the jury in any form. The injection of such matters into the trial of this cause by any party, attorney, or witness would cause irreparable harm to this Defendant’s cause, which no instruction by the Court to the jury could cure. Should any of the matters be brought to the attention of the jury, directly or indirectly, this Defendant would be compelled to file a Motion for Mistrial. Therefore, in an effort to avoid probable prejudice and a possible mistrial in this cause, Defendant Erika Salinas Hernandez moves the Court in limine as set forth below. II. Defendant BLATTNER ENERGY, INC. moves the Court to instruct all attorneys in this case, and order them in turn to instruct all witnesses that they place upon the stand, Electronically Submitted 11/28/2022 12:00 AM Hidalgo County Clerk Accepted by: Carlos Guerra not to question, mention, argue or make any statements or references to any of the following matters within the hearing of the jury or the jury panel, without first obtaining the Court’s express permission, outside of the hearing of the jury or jury panel, to do so: 1. That the Defendant has received a defense by attorneys chosen by an insurance company, or that payment to the Plaintiff in the event liability is found could be made by an insurance group; that the Defendant is or may be protected in any respect by auto, liability, or some similar form or insurance, contract or policy. The Defendant further requests the Court to instruct the Plaintiff, Plaintiff’s attorneys and witnesses to make no mention of the fact that the investigation or preparation of this matter has been conducted or performed by or on behalf of the Defendant’s insurance carrier. Southern Pacific Transportation Company v. Peralez, 546 S.W.2d 88 (Tex. Civ. App.—Corpus Christi 1976, writ ref’d n.r.e.). GRANTED ____________ DENIED ____________ 2. Any reference or comment from an attorney for the Plaintiff or testimony from any witnesses regarding fees incurred or paid by the Defendant for legal work in defending this case as such are patently irrelevant. GRANTED ____________ DENIED ____________ 3. Any mention of Plaintiff’s counsel’s personal opinions as to credibility of any witness or the culpability of the Defendant, except that Plaintiff’s counsel may argue on his analysis of the evidence and other permissible considerations for any position or conclusion. Wallace v. Liberty Mutual Insurance Co., 413 S.W.2d 787, 790 (Tex. Civ. App.—Houston 1967, writ ref’d n.r.e.). GRANTED ____________ DENIED ____________ Respectfully submitted, ATLAS, HALL & RODRIGUEZ, LLP P. O. Box 3725 818 W. Pecan Blvd. (78501) McAllen, Texas 78502 (956) 682-5501 – Phone (956) 686-6109 – Fax By: /s/ Bryan T. Ramirez Bryan T. Ramirez State Bar No. 24126029 Email: bramirez@atlashall.com ATTORNEY FOR DEFENDANT Electronically Submitted 11/28/2022 12:00 AM Hidalgo County Clerk Accepted by: Carlos Guerra CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document was served upon all counsel of record in this cause pursuant to the Texas Rules of Civil Procedure on the 27th day of November 2022, to wit: Jared B. Hall Rathbone Group, LLC 5930 Royal Lane, Ste E #515 Dallas, TX 75230 (800) 870-5521 (216) 298-4495– Facsimile E-Mail: JHall@Rathbonegroup.com Jessica R. Lobes Rathbone Group, LLC 5930 Royal Lane, Ste E #515 Dallas, TX 75230 (800) 870-5521 (216) 298-4495– Facsimile E-Mail: JLobes@Rathbonegroup.com Attorneys for Plaintiff By: /s/ Bryan T. Ramirez Bryan T. Ramirez Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Envelope ID: 70460922 Status as of 11/28/2022 8:31 AM CST Associated Case Party: Fred Loya Insurance Agency Name BarNumber Email TimestampSubmitted Status Jared BHall JHall@rathbonegroup.com 11/27/2022 8:40:55 PM SENT Jessica Lobes JLobes@RathboneGroup.com 11/27/2022 8:40:55 PM SENT Associated Case Party: Erika Salinas Hernandez Name BarNumber Email TimestampSubmitted Status Bryan Ramirez bramirez@atlashall.com 11/27/2022 8:40:55 PM SENT T. CassKeramidas cass@keramidaslaw.com 11/27/2022 8:40:55 PM SENT Case Contacts Name BarNumber Email TimestampSubmitted Status Kanny Barahona kbarahona@atlashall.com 11/27/2022 8:40:55 PM SENT