Preview
10/2/2019 11:16 AM
Velva L. Price
District Clerk
Travis County
CAUSE NO. D-l-GN-17-005300 D-1-GN-17-005300
Norma Ybarra
e
ROARK & HARDEE, LP, ROARK & § IN THE DISTRICT COURT OF
ic
HARDEE GP, INC., RRPL FAMILY §
Pr
PROPERTIES LTD 3, and RONNIE §
ROARK, §
Plaintiffs, §
L.
§
v. § TRAVIS COUNTY, TEXAS
a
§
lv
WILLIAM HARDEE, HARDEE §
Ve
FAMILY PROPERTIES, LTD, and §
HARDEE FAMILY MANAGEMENT, INC. §
Defendants. § 53RD JUDICIAL DISTRICT
k
er
DEFENDANTS’ SUPPLEMENTAL MOTION IN LIMINE
Cl
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COME Defendants, and file this ct
Supplemental Motion in Limine, which
tri
motion is being made before the beginning of this trial, before the voir dire examination
D is
of the jury, and before any parties have actually announced ready in open court, and by
.
Co
this motion request the Court to enter an order instructing and directing all attorneys, all
parties and witnesses not to refer to, make any statement concerning, ask any questions
is
av
pertaining to, allude to or put before the jury or the jury panel in any form or manner
Tr
whatsoever any of the following matters:
1. Any reference whatsoever, including any evidence, testimony or argument
y
op
regarding any e-mails, electronic or paper, photographs, motion pictures, or other similar
c
demonstrative evidence including charts, diagrams, etc., referred to in items produced to
l
ia
Defendants after September 9, 2019, the end of the discovery period, including but not
fic
limited to materials labeled RH 13072 through 14911 (produced September 17, 2019);
of
RH 14912 through 14989 (produced September 19, 2019); RH 14990 through 15332
Un
(produced September 20, 2019); RH 15333 through 15347 (produced September 30,
SUPPLEMENTAL MOTION IN LIMINE PAGE 1
2019); RH 15348 through 65266 (produced October 1, 2019). These materials were
e
produced after the deadline for production of documents and they are far too voluminous
ic
Pr
for Defendants to adequately review and be ready for trial. (RH 15348-RH 65266—49918
pages of materials, were produced on October 1, 2019).
L.
GRANTED DENIED .
a
lv
WHEREFORE, for the foregoing reasons, Defendants respectfully pray that this
Ve
motion in limine be granted; that all counsel for the parties, witnesses and the parties
k
themselves or through counsel for the parties be appropriately instructed by order of the
er
Cl
Court concerning the above matters; and for such other and further relief at law or in
ct
equity to which Defendants may be entitled. tri
is
Respectfully submitted,
D
/s/ Charles O. Grigson__________________
.
CHARLES O. GRIGSON
Co
604 W. 12th Street
Austin, Texas 78701
is
512-477-5791
FAX: 512-479-6417
av
Texas Bar No. 08492500
grigson@flash.net
Tr
ATTORNEY FOR DEFENDANTS
y
op
CERTIFICATE OF SERVICE
l c
I certify by my signature above that a true and correct copy of the foregoing has
ia
nd
been served via the method indicated below, on the 2 day of October, 2019, as follows:
fic
Eleanor RuffnerVia Email: eleanor@rslawtx.com
of
Tanya RobinsonVia Email: tanya@rslawtx.com
Lucy LyfordVia Email: lucy@rslawtx.com
Un
RUFFNER SCHOENBAUM PLLC
1603 West 6th Street
Austin, Texas 78703
ATTORNEYS FOR PLAINTIFFS
SUPPLEMENTAL MOTION IN LIMINE PAGE 2
Preview
10/2/2019 11:16 AM Velva L. Price District Clerk Travis County CAUSE NO. D-l-GN-17-005300 D-1-GN-17-005300 Norma Ybarra e ROARK & HARDEE, LP, ROARK & § IN THE DISTRICT COURT OF ic HARDEE GP, INC., RRPL FAMILY § Pr PROPERTIES LTD 3, and RONNIE § ROARK, § Plaintiffs, § L. § v. § TRAVIS COUNTY, TEXAS a § lv WILLIAM HARDEE, HARDEE § Ve FAMILY PROPERTIES, LTD, and § HARDEE FAMILY MANAGEMENT, INC. § Defendants. § 53RD JUDICIAL DISTRICT k er DEFENDANTS’ SUPPLEMENTAL MOTION IN LIMINE Cl TO THE HONORABLE JUDGE OF SAID COURT: NOW COME Defendants, and file this ct Supplemental Motion in Limine, which tri motion is being made before the beginning of this trial, before the voir dire examination D is of the jury, and before any parties have actually announced ready in open court, and by . Co this motion request the Court to enter an order instructing and directing all attorneys, all parties and witnesses not to refer to, make any statement concerning, ask any questions is av pertaining to, allude to or put before the jury or the jury panel in any form or manner Tr whatsoever any of the following matters: 1. Any reference whatsoever, including any evidence, testimony or argument y op regarding any e-mails, electronic or paper, photographs, motion pictures, or other similar c demonstrative evidence including charts, diagrams, etc., referred to in items produced to l ia Defendants after September 9, 2019, the end of the discovery period, including but not fic limited to materials labeled RH 13072 through 14911 (produced September 17, 2019); of RH 14912 through 14989 (produced September 19, 2019); RH 14990 through 15332 Un (produced September 20, 2019); RH 15333 through 15347 (produced September 30, SUPPLEMENTAL MOTION IN LIMINE PAGE 1 2019); RH 15348 through 65266 (produced October 1, 2019). These materials were e produced after the deadline for production of documents and they are far too voluminous ic Pr for Defendants to adequately review and be ready for trial. (RH 15348-RH 65266—49918 pages of materials, were produced on October 1, 2019). L. GRANTED DENIED . a lv WHEREFORE, for the foregoing reasons, Defendants respectfully pray that this Ve motion in limine be granted; that all counsel for the parties, witnesses and the parties k themselves or through counsel for the parties be appropriately instructed by order of the er Cl Court concerning the above matters; and for such other and further relief at law or in ct equity to which Defendants may be entitled. tri is Respectfully submitted, D /s/ Charles O. Grigson__________________ . CHARLES O. GRIGSON Co 604 W. 12th Street Austin, Texas 78701 is 512-477-5791 FAX: 512-479-6417 av Texas Bar No. 08492500 grigson@flash.net Tr ATTORNEY FOR DEFENDANTS y op CERTIFICATE OF SERVICE l c I certify by my signature above that a true and correct copy of the foregoing has ia nd been served via the method indicated below, on the 2 day of October, 2019, as follows: fic Eleanor RuffnerVia Email: eleanor@rslawtx.com of Tanya RobinsonVia Email: tanya@rslawtx.com Lucy LyfordVia Email: lucy@rslawtx.com Un RUFFNER SCHOENBAUM PLLC 1603 West 6th Street Austin, Texas 78703 ATTORNEYS FOR PLAINTIFFS SUPPLEMENTAL MOTION IN LIMINE PAGE 2