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CAUSE NO. 2018-26058
VS OF HARRIS COUNTY TEXAS
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW Plaintiff SHARPSTOWN CIVIC ASSOCIATION, INC. and makes
this motion to the Court to enter an order prior to the voir dire examination of the jury panel,
that opposing counsel, and through opposing counsel any and all witnesses called on behalf of
opposing parties, be instructed to refrain from any mention or interrogation, directly or indirectly,
in any manner whatsoever, including the offering of documentary evidence, concerning the
matters set forth herein. In this connection, movant requests the Court to order, if opposing
counsel wishes to propose a theory of admissibility concerning these matters, that opposing
counsel first must request a ruling from the Court outside the presence and hearing of all
prospective juror and jurors ultimately selected in this case. In support of this motion, movant
shows the following:
The matters set out would be inadmissible in evidence for any purpose on proper and
timely objection in that they have no bearing on the issues in this case or the rights of the parties
to this suit.
Permitting interrogation of witnesses, comments to jurors, or prospective jurors, or offers
of evidence concerning any of the matters set forth would prejudice the jury, and sustaining
objections to such questions, statements or evidence introduced by counsel or witnesses will not
prevent prejudice but will reinforce the development of questionable evidence.
The following matters would not be admissible for any purpose in
Any witness Defendants did not name in response to requests for disclosures or
interrogatories, or any evidence requested by Plaintiff but not produced by
See Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 395 (Tex.
GRANTED DENIED
Any attempt in the presence of the jury to ask Plaintiff's attorneys to produce
documents, stipulate to any fact, or make any agreement.
GRANTED DENIED
Any testimony, evidence, exhibits, statements, references and _ inferences,
evidence or exhibits on topics about which Defendants failed or refused to provide
answers in response to discovery.
GRANTED DENIED
Any testimony, evidence, exhibits, statements, references and _ inferences,
evidence or exhibits regarding Defendants allegedly having made unsuccessful
attempts to request information or documents from Plaintiff, either in writing,
verbally, orally, via telephone conference
GRANTED DENIED
Any matter which is not specifically pleaded in Defendants’ and Plaintiff's live
GRANTED DENIED
Any and all references to the effect of the jury's answers to the special issues or
dto the jury.
GRANTED DENIED
Any reference to the effect that Plaintiff has been involved in any lawsuit, claim
or judicial proceeding or has settled any lawsuit or claim, which lawsuit, claim or
judicial proceeding was unrelated to
GRANTED DENIED
Any reference to the income, assets, net worth of any Plaintiff, or any other
reference to the ability of any Plaintiff to pay a judgment against him as such
evidence is clearly impermissible and irrelevant.
GRANTED DENIED
Any comments or references which suggest that the jurors place themselves in the
position of the Defendants.
GRANTED DENIED
Any reference to the effect that this motion in limine has been filed or to any
ruling by the Court in response to the motion suggesting or inferring to the jury
that any Plaintiff has moved to prohibit proof of any manner.
GRANTED DENIED
Any reference to, or offer of deposition, affidavit or live testimony, evidence,
exhibits, statements, references and inferences of any witness whom Defendants
have failed to completely identify in their discovery responses to Plaintiff's
discovery requests seeking the names and addresses of any persons known to
facts relevant to this lawsuit.
GRANTED DENIED
Any reference to, or attempt to read into evidence, objections, sidebar comments
or statements of any kind made by the attorneys during depositions,
interrogatories or other forms of discovery.
GRANTED DENIED
Any reference to the effect that the presiding judge or any appellate court may
have the authority to reduce the verdict of the jury in this cause, or that the
courts might review the verdict of the jury, such that the jury might assume that
GRANTED DENIED
That Defendants be instructed not to make demands or requests before the jury
for matters contained in Plaintiff's file, which would include statements, pleadings,
photographs, and other documents, physical demonstrations or other requests
during the course of trial and in the presence of the jury.
GRANTED DENIED
That Defendants not request Plaintiff to stipulate to the admissibility of any
evidence or to any facts in front of the jury, as such would only be done for the
purpose of attempting to prejudice the jury, and this matter is a matter that would
more properly be taken up outside the presence of the jury.
GRANTED DENIED
Any expert testimony, evidence, exhibits, statements, references and inferences
from any witness not previously identified as an expert in response to any
GRANTED DENIED
WHEREFORE, Plaintiff SHARPSTOWN CIVIC ASSOCIATION, INC. requests this Court
enter an order as follows: that counsel for Defendants and through them any and all witnesses
called on behalf of Defendants be and are instructed to refrain from any mention or
interrogations, directly or indirectly, in any manner whatsoever, regarding any of the matters set
forth in such motion, including the offering of documentary evidence, without first requesting
and obtaining a ruling from the Court outside the presence and hearing of
and jurors ultimately selected in this cause in regard to any alleged theory of admissibility of such
Respectfully submitted,
/s/ Shawn R. McKee
Casey Jon Lambright
Sean W. Farrell
swf@lambrightmckee.com
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document was served
according to Rule 21a of the Texas Rules of Civil Procedure on September 25, 2020 to the
Regular Mail
Facsimile
/s/ Shawn R. McKee
CAUSE NO. 2018-26058
VS OF HARRIS COUNTY TEXAS
The Motion in Limine of SHARPSTOWN CIVIC ASSOCIATION, INC. having been
presented to and considered by the Court and the Court having heard the arguments of counsel,
It is, therefore, ORDERED that counsel for Defendants, and through their attorney, any
and all witnesses called on behalf of Defendants, are instructed to refr
interrogation, directly or indirectly, in any manner whatsoever, including offering of documentary
evidence concerning any matters hereafter set out without first requesting and obtaining a ruling
from the Court outside the presence and hearing of all prospective juror and jurors ultimately
to any alleged theory of admissibility of such matter, to-wit:
(1) GRANTED DENIED
(2) GRANTED DENIED
GB) GRANTED DENIED
(4) GRANTED DENIED
6) GRANTED DENIED
(6) GRANTED DENIED
(7) GRANTED DENIED
(8) GRANTED DENIED
(9) GRANTED DENIED
(10) GRANTED DENIED
(11) GRANTED DENIED
(12) GRANTED DENIED
(13) GRANTED DENIED
(14) GRANTED DENIED
(15) GRANTED DENIED
(16) GRANTED DENIED
JUDGE PRESIDING
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CAUSE NO. 2018-26058 VS OF HARRIS COUNTY TEXAS TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW Plaintiff SHARPSTOWN CIVIC ASSOCIATION, INC. and makes this motion to the Court to enter an order prior to the voir dire examination of the jury panel, that opposing counsel, and through opposing counsel any and all witnesses called on behalf of opposing parties, be instructed to refrain from any mention or interrogation, directly or indirectly, in any manner whatsoever, including the offering of documentary evidence, concerning the matters set forth herein. In this connection, movant requests the Court to order, if opposing counsel wishes to propose a theory of admissibility concerning these matters, that opposing counsel first must request a ruling from the Court outside the presence and hearing of all prospective juror and jurors ultimately selected in this case. In support of this motion, movant shows the following: The matters set out would be inadmissible in evidence for any purpose on proper and timely objection in that they have no bearing on the issues in this case or the rights of the parties to this suit. Permitting interrogation of witnesses, comments to jurors, or prospective jurors, or offers of evidence concerning any of the matters set forth would prejudice the jury, and sustaining objections to such questions, statements or evidence introduced by counsel or witnesses will not prevent prejudice but will reinforce the development of questionable evidence. The following matters would not be admissible for any purpose in Any witness Defendants did not name in response to requests for disclosures or interrogatories, or any evidence requested by Plaintiff but not produced by See Gee v. Liberty Mut. Fire Ins. Co., 765 S.W.2d 394, 395 (Tex. GRANTED DENIED Any attempt in the presence of the jury to ask Plaintiff's attorneys to produce documents, stipulate to any fact, or make any agreement. GRANTED DENIED Any testimony, evidence, exhibits, statements, references and _ inferences, evidence or exhibits on topics about which Defendants failed or refused to provide answers in response to discovery. GRANTED DENIED Any testimony, evidence, exhibits, statements, references and _ inferences, evidence or exhibits regarding Defendants allegedly having made unsuccessful attempts to request information or documents from Plaintiff, either in writing, verbally, orally, via telephone conference GRANTED DENIED Any matter which is not specifically pleaded in Defendants’ and Plaintiff's live GRANTED DENIED Any and all references to the effect of the jury's answers to the special issues or dto the jury. GRANTED DENIED Any reference to the effect that Plaintiff has been involved in any lawsuit, claim or judicial proceeding or has settled any lawsuit or claim, which lawsuit, claim or judicial proceeding was unrelated to GRANTED DENIED Any reference to the income, assets, net worth of any Plaintiff, or any other reference to the ability of any Plaintiff to pay a judgment against him as such evidence is clearly impermissible and irrelevant. GRANTED DENIED Any comments or references which suggest that the jurors place themselves in the position of the Defendants. GRANTED DENIED Any reference to the effect that this motion in limine has been filed or to any ruling by the Court in response to the motion suggesting or inferring to the jury that any Plaintiff has moved to prohibit proof of any manner. GRANTED DENIED Any reference to, or offer of deposition, affidavit or live testimony, evidence, exhibits, statements, references and inferences of any witness whom Defendants have failed to completely identify in their discovery responses to Plaintiff's discovery requests seeking the names and addresses of any persons known to facts relevant to this lawsuit. GRANTED DENIED Any reference to, or attempt to read into evidence, objections, sidebar comments or statements of any kind made by the attorneys during depositions, interrogatories or other forms of discovery. GRANTED DENIED Any reference to the effect that the presiding judge or any appellate court may have the authority to reduce the verdict of the jury in this cause, or that the courts might review the verdict of the jury, such that the jury might assume that GRANTED DENIED That Defendants be instructed not to make demands or requests before the jury for matters contained in Plaintiff's file, which would include statements, pleadings, photographs, and other documents, physical demonstrations or other requests during the course of trial and in the presence of the jury. GRANTED DENIED That Defendants not request Plaintiff to stipulate to the admissibility of any evidence or to any facts in front of the jury, as such would only be done for the purpose of attempting to prejudice the jury, and this matter is a matter that would more properly be taken up outside the presence of the jury. GRANTED DENIED Any expert testimony, evidence, exhibits, statements, references and inferences from any witness not previously identified as an expert in response to any GRANTED DENIED WHEREFORE, Plaintiff SHARPSTOWN CIVIC ASSOCIATION, INC. requests this Court enter an order as follows: that counsel for Defendants and through them any and all witnesses called on behalf of Defendants be and are instructed to refrain from any mention or interrogations, directly or indirectly, in any manner whatsoever, regarding any of the matters set forth in such motion, including the offering of documentary evidence, without first requesting and obtaining a ruling from the Court outside the presence and hearing of and jurors ultimately selected in this cause in regard to any alleged theory of admissibility of such Respectfully submitted, /s/ Shawn R. McKee Casey Jon Lambright Sean W. Farrell swf@lambrightmckee.com CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing document was served according to Rule 21a of the Texas Rules of Civil Procedure on September 25, 2020 to the Regular Mail Facsimile /s/ Shawn R. McKee CAUSE NO. 2018-26058 VS OF HARRIS COUNTY TEXAS The Motion in Limine of SHARPSTOWN CIVIC ASSOCIATION, INC. having been presented to and considered by the Court and the Court having heard the arguments of counsel, It is, therefore, ORDERED that counsel for Defendants, and through their attorney, any and all witnesses called on behalf of Defendants, are instructed to refr interrogation, directly or indirectly, in any manner whatsoever, including offering of documentary evidence concerning any matters hereafter set out without first requesting and obtaining a ruling from the Court outside the presence and hearing of all prospective juror and jurors ultimately to any alleged theory of admissibility of such matter, to-wit: (1) GRANTED DENIED (2) GRANTED DENIED GB) GRANTED DENIED (4) GRANTED DENIED 6) GRANTED DENIED (6) GRANTED DENIED (7) GRANTED DENIED (8) GRANTED DENIED (9) GRANTED DENIED (10) GRANTED DENIED (11) GRANTED DENIED (12) GRANTED DENIED (13) GRANTED DENIED (14) GRANTED DENIED (15) GRANTED DENIED (16) GRANTED DENIED JUDGE PRESIDING