White v. Jackson

Full title: KEVIN WHITE, ET AL. v. DARYL DWAYNE JACKSON, ET AL.

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Date published: Aug 27, 2015

CIVIL ACTION NO. 6:13-2656 (LEAD) (W.D. La. Aug. 27, 2015)

Opinion

CIVIL ACTION NO. 6:13-2656 (LEAD)

08-27-2015

KEVIN WHITE, ET AL. v. DARYL DWAYNE JACKSON, ET AL.

JUDGE DOHERTY

MAGISTRATE JUDGE HANNA MEMORANDUM RULING

Currently pending before the Court is a Motion in Limine [Doc. 23], filed on behalf of plaintiff Kevin White, whereby plaintiff moves the Court for an order excluding collateral source evidence¹ at the trial of this matter. [Id. at 1] The motion is unopposed.²

1 Plaintiff particularly identifies medical bills, including "write off amounts," paid by his health insurer as collateral sources which should be excluded at trial. [Doc. 23, pp. 2-3; Doc. 23-1, p.3]

2 Any opposition to the motion was to be filed on or before July 15, 2015. See LR7.5. To date, no opposition has been filed.

The motion in limine, appearing to be well-founded in law³ and fact and being unopposed by defendants, is hereby GRANTED. Accordingly, defendants are prohibited at trial from making any reference to collateral source payments and/or collateral source discounts or reductions (e.g. benefits plaintiff received from his health insurer), made to on behalf of plaintiff Kevin White.

3 See e.g. Bozeman v. State, 879 So.2d 692, 697-98 (La. 2004); Miciotto v. U.S., 270 Fed.Appx. 301, 303 (5^th Cir. 2008); Madrid v. AEP River Operations, LLC, 151 So.2d 897 (La.App. 4 Cir. 2014). --------

THUS DONE AND SIGNED in Lafayette, Louisiana, this 27^th day of August, 2015.

/s/_________

REBECCA F. DOHERTY

UNITED STATES DISTRICT JUDGE