Date: 05-08-2018

Case Style:

Case Number: 1:18-cv-00265-MGM

Judge: Mark G Mastroianni

Court: United States District Court for the District of New Hampshire (Merrimack Coutny)

Plaintiff's Attorney: Benjamin C. Rudolf

Defendant's Attorney: Joseph P. Kittredge, Lorena Galvez, Margaret A. Rubino for Noah Pack

Daniel J. Moynihan , Jr. and Emily S. Bush for Matthew Trombley

Joseph G. Donnellan for Robin Whitney

Description: Concord, NH - Diana M. Espaillat sued Noah Pack, Matthew Trombley, Robin Whitney on rights violation theories.

The claims made and defenses asserted are not available.

Date Filed # Docket Text
04/11/2018 ENDORSED ORDER modifying Procedural Order. Text of Order: Any submissions with a filing deadline of April 16, 2018, are hereby extended to a new deadline of April 17, 2018. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/11/2018)
04/12/2018 61 MOTION in Limine to Exclude Criminal History filed by Diana M. Espaillat. Follow up on Objection on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rudolf, Benjamin) (Entered: 04/12/2018)
04/12/2018 62 MOTION in Limine to Exclude Videos filed by Diana M. Espaillat. Follow up on Objection on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rudolf, Benjamin) (Entered: 04/12/2018)
04/12/2018 63 MOTION in Limine to Exclude Drug Use filed by Diana M. Espaillat. Follow up on Objection on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rudolf, Benjamin) (Entered: 04/12/2018)
04/12/2018 64 MOTION in Limine to Evidence of Income filed by Diana M. Espaillat. Follow up on Objection on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rudolf, Benjamin) (Entered: 04/12/2018)
04/12/2018 65 MOTION in Limine to Exclude Job History filed by Diana M. Espaillat. Follow up on Objection on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rudolf, Benjamin) (Entered: 04/12/2018)
04/12/2018 66 MOTION in Limine to Exclude re Medical Records filed by Diana M. Espaillat. Follow up on Objection on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rudolf, Benjamin) (Entered: 04/12/2018)
04/12/2018 67 MOTION in Limine to take Judicial Notice filed by Diana M. Espaillat. Follow up on Objection on 4/26/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Rudolf, Benjamin) (Entered: 04/12/2018)
04/17/2018 68 MEMORANDUM in Opposition re 65 MOTION in Limine to Exclude Job History filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Reply on 4/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Moynihan, Daniel) (Entered: 04/17/2018)
04/17/2018 69 MEMORANDUM in Opposition re 63 MOTION in Limine to Exclude Drug Use filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Reply on 4/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Galvez, Lorena) (Entered: 04/17/2018)
04/17/2018 70 MEMORANDUM in Opposition re 64 MOTION in Limine to Evidence of Income filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Reply on 4/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Galvez, Lorena) (Entered: 04/17/2018)
04/17/2018 71 MEMORANDUM in Opposition re 63 MOTION in Limine to Exclude Drug Use REPLACES DOC #69 filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Reply on 4/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Galvez, Lorena) (Entered: 04/17/2018)
04/17/2018 72 Pretrial Statement filed by Diana M. Espaillat. (Rudolf, Benjamin) (Entered: 04/17/2018)
04/17/2018 73 MEMORANDUM in Opposition re 61 MOTION in Limine to Exclude Criminal History filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Reply on 4/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Donnellan, Joseph) (Entered: 04/17/2018)
04/17/2018 74 MEMORANDUM in Opposition re 62 MOTION in Limine to Exclude Videos filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Reply on 4/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit Email of October 10, 2017, # 2 Exhibit Email of October 12, 2017, # 3 Exhibit Email of October 17, 2017, # 4 Exhibit Email of October 31, 2017, # 5 Exhibit Email of November 2, 2017)(Donnellan, Joseph) (Entered: 04/17/2018)
04/17/2018 75 MEMORANDUM in Opposition re 66 MOTION in Limine to Exclude re Medical Records filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Reply on 4/24/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Donnellan, Joseph) (Entered: 04/17/2018)
04/17/2018 76 Joint MOTION in Limine to Exclude Introduction of Police Reports filed by Noah Pack, Matthew Trombley, Robin Whitney. Follow up on Objection on 5/1/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Moynihan, Daniel) (Entered: 04/17/2018)
04/17/2018 77 Pretrial Statement Per Procedural Order filed by All Defendants. (Attachments: # 1 Exhibit Plaintiff's Voir Dire, # 2 Exhibit Defendants' Voir Dire, # 3 Exhibit Plaintiff's Jury Instructions, # 4 Exhibit (Affidavit) Defendants' Jury Instuctions, # 5 Exhibit (Affidavit) Plaintiff's Special Verdict Form, # 6 Exhibit Defendants' Special Verdict Form)(Donnellan, Joseph) (Entered: 04/17/2018)
04/18/2018 ENDORSED ORDER. Text of Order: By no later than April 20, 2018, Defendants' counsel shall file their motions to appear pro hac vice. Counsel need not secure a member of the bar for the District of New Hampshire to file the motion. Counsel may file the motion in their own behalf, as the court hereby waives that requirement of Local Rule 83.2(b), as well as the filing fee. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/18/2018)
04/18/2018 78 Pretrial Statement supplementation filed by Diana M. Espaillat. (Rudolf, Benjamin) (Entered: 04/18/2018)
04/19/2018 Minute Entry for proceedings held before Mark G Mastroianni. TELEPHONE CONFERENCE held on 4/19/2018. Court has colloquy with parties re Motions in Limine, trial procedures. Ms. Akin raises issue of potential scheduling conflict on May 3, 2018. Court sets further telephone conference date. Telephone Conference set for 4/26/2018 at 4:00 PM before Judge Mark G. Mastroianni. (Pltfs Atty: Attys Rudolf, Grenier, Ms. Akin pro se) (Defts Atty: Kittredge, Galvez, Moynihan, Donnellan)(Court Reporter: Alice Moran at alice.moran@verizon.net.)(Total Hearing Time: 14) (vln) Modified on 4/25/2018 to add: Court Reporter (vln). (Entered: 04/25/2018)
04/20/2018 79 MEMORANDUM in Opposition re 76 Joint MOTION in Limine to Exclude Introduction of Police Reports filed by Diana M. Espaillat. Follow up on Reply on 4/27/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Rudolf, Benjamin) (Entered: 04/20/2018)
04/20/2018 80 MOTION Appear pro hac vice filed by Diana M. Espaillat. Follow up on Objection on 5/4/2018. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit), # 2 Exhibit (Affidavit))(Rudolf, Benjamin) (Entered: 04/20/2018)
04/20/2018 81 Proposed Exhibit List by Diana M. Espaillat (Attachments: # 1 Exhibit)(Rudolf, Benjamin) (Entered: 04/20/2018)
04/20/2018 82 Proposed Witness list by Diana M. Espaillat(Rudolf, Benjamin) (Entered: 04/20/2018)
04/20/2018 ENDORSED ORDER granting (137) Motion to Appear Pro Hac Vice; granting (138) Motion to Appear Pro Hac Vice; granting (139) Motion to Appear Pro Hac Vice in case 1:18-cv-00264-MGM; granting (80) Motion to Appear Pro Hac Vice in case 1:18-cv-00265-MGM. Text of Order: Granted. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/20/2018)
04/24/2018 ENDORSED ORDER granting in part 61 Motion in Limine to Exclude Evidence of Criminal History and/or Proceedings. Text of Order: First, the motion is granted to exclude evidence or reference to the criminal proceedings following from the October 17, 2013 stop, unless Plaintiff Espaillat disputes possessing heroin at that time in a manner inconsistent with any admission she made in connection with the CWOF ruling. This exception allows for impeachment generally based on an inconsistent statement. The jury obviously would not be surprised that charges against Plaintiff Espaillat were resolved in court and references to court proceedings in this context do not violate Rule 403. Second, the motion is granted to exclude evidence of currently pending criminal cases against either Plaintiff. Third, and finally, the motion is denied as to evidence related to Plaintiff Espaillats conviction for insurance fraud. Rule 410 is inapplicable to this situation, Rule 610(a)(2) allows evidence of her conviction because the elements of the crime involved dishonesty or false statements, and Rule 403, to the extent applicable, does not warrant exclusion. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/24/2018)
04/24/2018 ENDORSED ORDER denying 62 Motion in Limine to Exclude Evidence Regarding Alleged Videos of Strip Searches. Text of Order: Plaintiff has cited no rule of evidence in support of her motion for exclusion. However, references and testimony will be narrowly limited to exclude any information related to any planned search of Plaintiff Espaillats home. Whether Plaintiff Akin viewed one or more videos of the October 17, 2013 stop is relevant to her description and memory of the event. Plaintiff has the burden and the non-production of one or more videos, the maker of any video, or the contact information for such individuals are all areas of fair inquiry for Defendants. The court will consider excluding reference to Plaintiff Akins incarceration as it is connected to the unavailability of the video(s). So Ordered by Mark G Mastroianni.(vln) (Entered: 04/24/2018)
04/24/2018 ENDORSED ORDER granting in part 63 Motion in Limine to Exclude Evidence of Drug Possession or Use by Either Plaintiff. Text of Order: Any probative value is substantially outweighed by risk of prejudice, therefore evidence of historical drug use by either Plaintiff is excluded. Red. R. Evid. 403. All evidence seized during the stop on October 17, 2013 is admissible. The courts ruling as to the historical drug use is subject to reconsideration should Plaintiffs theory on damages make such drug use relevant to the question of damages. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/24/2018)
04/24/2018 ENDORSED ORDER granting 64 Motion in Limine to Exclude Evidence of Income and Work History. Text of Order: Given the risk of prejudice substantially outweighing any probative value, the court excludes evidence of Plaintiff Espaillats work history and income as well as any evidence related to the theory of insurance proceeds received following the fire at Plaintiffs residence. Fed. R. Evid. 403. The courts ruling as to work history and income is subject to reconsideration should Plaintiffs theory on damages increase the relevance of these issues. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/24/2018)
04/24/2018 ENDORSED ORDER granting in part 65 Motion in Limine to Exclude Favorable Evidence Concerning Defendants Job Performance and History. Text of Order: Consistent with the requirements of Rules 401, 402, and 403 evidence of commendations, awards, salary increases, and other similar evidence is excluded. Evidence of Defendants general, historical backgrounds, including information about education, military service, employment history, job titles, rank, and other similar evidence is admissible. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/24/2018)
04/24/2018 ENDORSED ORDER granting 67 Motion in Limine to Take Judicial Notice of Time of Sunset on October 17, 2013. So Ordered by Mark G Mastroianni.(vln) (Entered: 04/24/2018)
04/24/2018 NOTICE Cancelling Hearing. The supplemental phone conference, previously scheduled for April 26, 2018, is hereby CANCELLED. (vln) (Entered: 04/25/2018)
04/28/2018 83 Proposed Special Verdict Revised/Supplemented by Diana M. Espaillat. (Rudolf, Benjamin) (Entered: 04/28/2018)
04/29/2018 84 Proposed Voir Dire Supplementation by Diana M. Espaillat. (Rudolf, Benjamin) (Entered: 04/29/2018)
04/30/2018 Minute Entry for proceedings held before Mark G Mastroianni. FINAL PRETRIAL CONFERENCE held on 4/30/2018. Court has colloquy with parties re considerations for proceeding with a pro se party. Ms. Akin waives presenting an opening statement, indicates she does not intend to call witnesses, question witnesses on cross exam, make objections, or argue evidence. Court hears argument on motions in limine. Court reserves ruling on 76 MOTION (Case 18-265). As to 66 MOTION (Case 18-265) and 128 MOTION (Case 18-264), court rules that the issue of medical records is resolved inasmuchas they may be admissable, subject to a finding by the court. (Court Reporter: Liza Dubois) (Pltfs Atty: Rudolf, Grenier, Ms. Akin pro se) (Defts Atty: Kittredge, Galvez, Moynihan, Donnellan)(Total Hearing Time: 0:50) (vln) (Entered: 05/02/2018)
05/01/2018 TRIAL NOTICE: Jury Trial to continue on 5/2/2018 09:00 AM before Mark G Mastroianni. Jury Trial to continue on 5/3/2018 09:00 AM before Mark G Mastroianni. Jury Trial to continue on 5/4/2018 09:00 AM before Mark G Mastroianni.(vln) (Entered: 05/01/2018)
05/01/2018 Minute Entry for proceedings held before Mark G Mastroianni. JURY SELECTION / JURY TRIAL DAY 1 held on 5/1/2018 - Court discusses preliminary matters with parties. Jury panel enters. Court presents preliminary instructions to jury panel. Jury panel sworn. Voir Dire conducted. Jury sworn. Court presents instructions to jury. Opening statements delivered. Plaintiff calls witness Diana Espaillat. Direct examination conducted. Cross exam conducted. Defense Exhibit E admitted. Jury excused. Court adjourns, to reconvene at 9:00 a.m. (Court Reporter: Sandra Bailey) (Pltfs Atty: Rudolf, Grenier, Ms. Akin pro se) (Defts Atty: Kittredge, Galvez, Moynihan, Donnellan)(Total Hearing Time: 6:20) (vln) (Entered: 05/02/2018)
05/02/2018 Minute Entry for proceedings held before Mark G Mastroianni. JURY TRIAL - Day 2 held on 5/2/2018. Jury enters. Defense examination of witness Diana Espaillat resumes. Witness excused. Witness Amy Akin sworn. Plaintiff conducts examination. Defense conducts examination. Re-direct. Witness excused. Witness Noah Pack sworn. Plaintiff conducts examination. Plaintiff Exhibits 3, 4, 5 admitted. Defense conducts examination. Re-direct. Witness excused. Witness Robin Whitney sworn. Plaintiff conducts examination. Defense conducts examination. Further exam from plaintiff. Further exam from defense. Witness excused. Jury excused. Court adjourns, to reconvene at 9:00 a.m. (Court Reporter: Sandra Bailey, Susan Bateman) (Pltfs Atty: Amy Aiken, pro se; Rudolf, Grenier) (Defts Atty: Kittredge, Galvez, Moynihan, Donnellan)(Total Hearing Time: 5:11) (vln) (Entered: 05/07/2018)
05/03/2018 Minute Entry for proceedings held before Mark G Mastroianni. JURY TRIAL - Day 3. Charging conference held. Jury enters. Witness Matthew Trombley sworn. Plaintiff conducts examination. Defense conducts examination. Witness excused. Plaintiffs Espaillat and Akin rest. Motions heard. Defendants rest. Motions heard. Court allows defendants' motions for directed verdicts for Matthew Trombley, Noah Pack as to Federal and State Civil Rights claims. Plaintiff Espaillat's motion for Failure to Intervene denied. Plaintiff Espaillat's R. 50 motion for Robin Whitney solely as to 1983 claim denied. Closing arguments presented. Jury instructed. Jury begins deliberations. Jury returns verdict. Verdict read. Verdict for defendants on all counts. Court adjourns. (Court Reporter: Sandra Bailey, Susan Bateman) (Pltfs Atty: Rudolf, Grenier, Ms. Akin pro se) (Defts Atty: Kittredge, Galvez, Moynihan, Donnellan)(Total Hearing Time: 3:45) (vln) (Entered: 05/07/2018)
05/03/2018 85 Final Witness List and Exhibit List. (vln) (Entered: 05/07/2018)
05/03/2018 86 ///JURY VERDICT. (vln) (Entered: 05/07/2018)

Outcome:
05/08/2018 87 JUDGMENT is hereby entered in accordance with the Jury Verdict dated May 3, 2018. Signed by Daniel J. Lynch, Clerk of Court. (Case Closed) (vln) (Entered: 05/08/2018)

Plaintiff's Experts:

Defendant's Experts:

Comments: