The Estate of Martha Mackey DeMontpellier v. Chicamacomico Banks Fire Department, Inc.

E.D. North Carolina

The Estate of Martha Mackey DeMontpellier v. Chicamacomico Banks Fire Department, Inc.

CourtDistrict Court, E.D. North Carolina

DecidedMarch 2, 2023

Docket2:21-cv-00003

StatusUnknown

This text of The Estate of Martha Mackey DeMontpellier v. Chicamacomico Banks Fire Department, Inc. (The Estate of Martha Mackey DeMontpellier v. Chicamacomico Banks Fire Department, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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The Estate of Martha Mackey DeMontpellier v. Chicamacomico Banks Fire Department, Inc., (E.D.N.C. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:21-CV-3-BO

THE ESTATE OF MARTHA MACKEY __) DEMONTPELLIER, by and through Andre ) P. DeMontpellier as Executor, ) ) Plaintiff, ) ) ) ORDER ) JEREMY CARPENTER and ) CHICAMACOMICO BANKS FIRE ) DEPARTMENT, INC., ) ) Defendants. )

This cause comes before the Court on defendants’ motions in /imine 1, 2, and 3. Plaintiff has failed to respond, and the time for doing so has expired. A jury trial in this matter is currently set to commence on Tuesday, April 11, 2023. Defendants seek (1) to preclude evidence or argument regarding Carpenter’s July 2020 altercation with a neighbor and 2015 charges for public intoxication and failure to produce identification; (2) to preclude questions and/or argument that children could have been using the beach accessway; and (3) to preclude questions and/or arguments regarding whether a course of conduct is “safer” or “the safest.” A ruling in limine is preliminary and maybe subject to change as the trial unfolds. Luce v. United States, 469 U.S. 38, 41 (1984). Moreover, “[c]ourts routinely defer ruling on motions in limine and evidentiary matters until they have enough information.” Finch v. Covil Corp., 388 F. Supp. 3d 593, 612 n.14 (M.D.N.C. 2019). In this instance, the Court will deny the motions in limine without prejudice to being re-raised, if necessary, at trial.

SO ORDERED, this EE day of March 2023.

D LAA 6 TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA NORTHERN DIVISION No. 2:21-CV-3-BO

THE ESTATE OF MARTHA MACKEY __) DEMONTPELLIER, by and through Andre ) P. DeMontpellier as Executor, ) ) Plaintiff, ) ) ) ORDER ) JEREMY CARPENTER and ) CHICAMACOMICO BANKS FIRE ) DEPARTMENT, INC., ) ) Defendants. )

This cause comes before the Court on defendants’ motions in /imine 1, 2, and 3. Plaintiff has failed to respond, and the time for doing so has expired. A jury trial in this matter is currently set to commence on Tuesday, April 11, 2023. Defendants seek (1) to preclude evidence or argument regarding Carpenter’s July 2020 altercation with a neighbor and 2015 charges for public intoxication and failure to produce identification; (2) to preclude questions and/or argument that children could have been using the beach accessway; and (3) to preclude questions and/or arguments regarding whether a course of conduct is “safer” or “the safest.” A ruling in limine is preliminary and maybe subject to change as the trial unfolds. Luce v. United States, 469 U.S. 38, 41 (1984). Moreover, “[c]ourts routinely defer ruling on motions in limine and evidentiary matters until they have enough information.” Finch v. Covil Corp., 388 F. Supp. 3d 593, 612 n.14 (M.D.N.C. 2019). In this instance, the Court will deny the motions in limine without prejudice to being re-raised, if necessary, at trial.

SO ORDERED, this EE day of March 2023.

D LAA 6 TERRENCE W. BOYLE UNITED STATES DISTRICT JUDGE

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The Estate of Martha Mackey DeMontpellier v. Chicamacomico Banks Fire Department, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-estate-of-martha-mackey-demontpellier-v-chicamacomico-banks-fire-nced-2023.

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