Document brZ1DRg3e27ZbQgz9QGgrpqy

OOPY AURORA DE LA GARZA DIST. CLERh JAN 1 8 2001 CAUSE NO. 2000-05-1962-C DISTRICT! ROBERT HENRY VILLARREAL, Individually and as Personal Representative of the Heirs and Estate of JOHN HENRY VILLARREAL Plaintiffs, IN THE DISTRICT COURT OF 'TEXA' ~BJ vs. CAMERON COUNTY, TEXAS GAF CORPORATION HOLDINGS, INC.), ET AL. Defendants. 197JUDICIAL DISTRICT MOTION IN LIMINE OF DEFENDANT UNITED STATES GYPSUM COMPANY TO EXCLUDE ALL EVIDENCE OF PRIOR DISCOVERY ANSWERS IN OTHER CASES Defendant United States Gypsum Company ("U.S. Gypsum"), by and through its attorneys, hereby moves as follows for an order excluding all argument and evidence of prior discovery answers in other cases: 1. Defendant anticipates that, at the trial of this matter, plaintiffs will attempt to introduce prior discovery answers of defendant in other cases. 2. Prior discovery answers in other cases are irrelevant and inadmissible as provided by the rules of procedure. 3. Further the prior discovery answers are improper character evidence. 4. Any probative value that this evidence is deemed to possess is substantially outweighed by its potential to prejudice, confuse and inflame the jury. 5. Further support for this motion is contained within the attached memorandum of law, which is incorporated by reference herein. WHEREFORE. Defendant U.S. Gypsum respectfully requests that this Court enter an order excluding all argument and evidence of prior discovery answers in other cases. Respectfully submitted, POWERS & FROST, L.L.P. Q- IV" James H. Powers TBN: 16217400 Sharia J. Frost TBN: 07491100 Gwendolyn S. Frost TBN: 07488750 2600 Two Houston Center 909 Fannin Houston, Texas 77010 Telephone: (713) 767-1555 Facsimile: (713)767-1799 ATTORNEYS FOR DEFENDANT: UNITED STATES GYPSUM COMPANY b CERTIFICATE OF SERVICE I certify that a true and correct copy of Defendant, United States Gypsum Company's Motion in Limine has been forwarded to Plaintiffs' counsel of record, via certified mail, return receipt requested and/or via facsimile transmission on this the |2~^- day of __________ , 2001. F:\CCR\Cameron\V'illarreal. JohnXUSG-MIL-Prior Discovery doc