PLAINTIFF'S MOTION IN LIMINE AND MEMORANDUM IN SUPPORT

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
PLAINTIFF'S MOTION IN LIMINE AND MEMORANDUM IN SUPPORT

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CASE NO. 97-1197-CIV-ORL-19B

MEREDITH T. RANEY, JR.,
Plaintiff,
VS.
AWARE WOMAN CENTER FOR
CHOICE, INC., a Florida
Corporation, EDWARD W.
WINDLE, JR., and PATRICIA
B. WINDLE
Defendants.

CERTIFICATION OF COMPLIANCE WITH LOCAL RULE 3.01(g}

Plaintiff's counsel has conferred with Defense counsel Roy Lucas in a good faith effort to resolve the issues raised by this Motion. Counsel have been unable to agree on the resolution of the Motion.

MOTION IN LIMINE AND MEMORANDUM IN SUPPORT

COMES NOW Plaintiff Meredith T. Raney, by and through counsel and moves this Court to grant a Motion in Limine preventing Defendants and Defendants' Counsel from introducing or eliciting any evidence or testimony at trial concerning Plaintiff's medical condition or care.

In support of this Motion, Plaintiff offers the following:

1. Counsel for Defendants Lucas sought an extension of time from this Court in July 1997, ostensibly for the purpose of obtaining expert reports, including medical experts.

2. Although the Court granted Defendants' counsel the requested extension of time for several months, Defendants' counsel did not obtain any expert reports.

3. There is no issue in this litigation that is relevant to Plaintiff's medical treatment or condition.

4. Plaintiff has been unaware of Defendants' plan to use this irrelevant information until Defendants' counsel included it in Defendants' "pretrial statement" (that was later stricken by the Court for non-compliance with the Local Rules).

5. The only possible use of Plaintiff's medical condition and treatment is to unfairly prejudice the trier of fact in this case with evidence that has no probative value to the fact or issue of law in dispute.

WHEREFORE, Plaintiff moves this Court to sign the attached proposed Order and prohibit Defendants or Defendants' Counsel from introducing or eliciting any evidence concerning Plaintiff s medical condition or treatment.

Respectfully submitted,
Michael R. Hirsh <signed>
Admitted Pro hac Vice
125 TownPark Drive
Suite 300
Kennesaw, GA 30144
770-420-8224
404-713-4400 (facsimile)
and
Christopher F. Sapp
Attorney for Plaintiff
Meredith T. Raney, Jr.
P.O. Box 1012
Lehigh Acres, FL 33970
(941) 368-3922
Florida Bar Number 0097823

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by US Mail this 24th day of February, 1999 to the following:

Roy Lucas
P.O. Box 1433
Melbourne, FL 32902-1433

Susan England, Esq.
2805 Lakeview Drive
Fern Park, FL 32730

Lawrence M. Sift, Esq.
O'Connor & Meyers, PA
2801 Ponce de Leon Blvd., 9th Floor
Miami, FL 33134

Michael R. Hirsh <signed>