Plaintiffs Brigham Young University and Dr. Daniel L. Simmons (collectively “BYU”)file this motion in limine to preclude counsel for Defendants from referring directly or indirectlyto his status as an alumnus of BYU or his membership in the sponsoring institution of BYU.Out of an abundance of caution and to limit the number of pretrial motions, Plaintiffswrote to Brent Hatch, one of the lead lawyers for Defendants, proposing that Defendantsstipulate to certain matters so as to obviate the need for related motion in limine. Among the potential issues identified by Plaintiffs for such stipulation was a “Motion in Limine to precludereference by Brent Hatch being a BYU graduate or member” of the Church of Jesus Christ of Latter-day Saints, the institution that sponsors BYU.
In response, on April 19, 2012, counselfor Pfizer wrote back with respect to Plaintiffs’ proposal as follows:Defendants do not agree with this proposed motion. While Defendants have no present intention of making such references, there appears to be no legal basis for such a stipulation. Further, without knowing how BYU plans to present itslawyers, witnesses, and other matters at trial, such a stipulation is further without basis.
Pfizer’s response thus necessitates this Motion.Contrary to Defendants’ suggestion, there is a clear legal basis for such a stipulation.“[S]trong appeals in the course of argument to sympathy, or appeals to passion, racial, religious,social, class, or business prejudice lie beyond the permissive range of propriety.”
Solorio v. Atchison, T. & S.F. Ry. Co.,
224 F.2d 544, 547 (10
Cir. 1955). There would be no basis for counsel for Pfizer, Mr. Hatch, to reference in any way the fact that he is a graduate of BrighamYoung University because such information conveyed by a lawyer would not be evidence at all,let alone relevant evidence under FRE 401. Moreover, even if such information constituted
1 See Letter of April 5, 2012 to Brent Hatch from James Jardine, a copy of which is attached hereto as Exhibit A.2 See Letter of April 19, 2012 to James Jardine from Brent Hatch, a copy of which is attached hereto as Exhibit B.
Case 2:06-cv-00890-TS-BCW Document 986 Filed 04/24/12 Page 2 of 5