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Texter v. Merlina

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 29, 2008

CHARLES LEE TEXTER, PLAINTIFF
v.
TODD MERLINA, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 29th day of February, 2008, upon consideration of the trial exhibits submitted by plaintiff,*fn1 and it appearing that plaintiff has identified forty-three photographs (Ex. B), and that many of these photographs present cumulative evidence,*fn2 and the court finding that the probative value of the photographs identified as Exhibits B-3, B-4, B-6, B-8, B-9, B-09, B-11, B-12, B-13, B-14, B-17, B-18, B-22, B-26, B-27, B-28, B-30, B-35, B-37, B-38, B-40, B-41, B-42, B-45, B-48, B-49, and B-51 is "substantially outweighed . . . by considerations of undue delay, waste of time, or needless presentation of cumulative evidence," see FED. R. EVID. 403, and that the photograph of the envelope from the hospital, identified as Exhibit B-Env, is irrelevant to the remaining claims, see id. 402, it is hereby ORDERED that plaintiff is precluded from presenting at trial the photographs identified as Exhibits B-3, B-4, B-6, B-8, B-9, B-09, B-11, B-12, B-13, B-14, B-17, B-18, B-22, B-26, B-27, B-28, B-30, B-35, B-37, B-38, B-40, B-41, B-42, B-45, B-48, B-49, B-51, and B-Env.*fn3


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