STIPULATION AND ORDER REGARDING PLAINTIFF'S PRE-TRIAL MOTIONS IN LIMINE

ANDREW P. GORDON, District Judge.

IT IS HEREBY STIPULATED by and between the parties hereto in a good faith effort to meet and confer, through their respective counsel of record, Plaintiff's counsel, DENNIS M. PRINCE, ESQ., TRACY A. EGLET, ESQ., ERICA D. ENTSMINGER, ESQ., of the law firm of EGLET PRINCE, and Defendants, EXPRESS DAILY and DAILY EXPRESS, INC., by and through their attorneys of record, DOUGLAS B. MARCELLO, ESQ. of MARCELLO & KIVISTO, LLC, and SCOTT A. FLINDERS, ESQ. of HUTCHISON & STEFFEN, LLC, on December 18, 2015, that counsel in this matter have conferred and resolved several motions in limine and will not introduce any evidence of or make any comment regarding the following at trial:

Furthermore, the parties hereby stipulate and agree that all counsel will advise their respective clients and witnesses regarding the Court's rulings on any Motions in Limine.

ORDER

PURSUANT TO THE STIPULATION OF THE PARTIES and for good cause shown:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED Neither party or their counsel may make reference to medical examiners as "Independent" [Omnibus Motion Dkt. 190, Subpart 7];

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that neither party nor their counsel shall make any reference to Plaintiff's collateral sources of payment of medical bills from health insurance and/or Medicare/Medicaid, specifically excluding "liens" as being subject to this stipulation [Omnibus Motion Dkt. 190, Subpart 9];

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that neither party nor their counsel shall present any evidence or argument relating to a recovery by Plaintiff would or would not be subject to taxation [Omnibus Motion Dkt. 190, Subpart 15];

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that neither party nor their counsel shall reference any offers of compromise, negotiations, settlement offers or demands [Omnibus Motion Dkt. 190, Subpart 17];

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that neither party nor their counsel shall make any reference to the filing of pre-trial motions unless there is a violation thereof [Omnibus Motion Dkt. 190, Subpart 18];

IT IS FURTHER ORDERED, ADJUDGED AND DECREED that neither party nor their counsel shall make any reference to the subject incident as an "unavoidable accident" or "Act of God" [Omnibus Motion Dkt. 190, Subpart 21].

IT IS FURTHER ORDERED, ADJUDGED AND DECREED In reliance upon Plaintiff's representation that she is no longer calling Mr. Sidlow as a witness at trial, Defendants will not call Mr. Howden as a witness unless Plaintiff presents testimony, evidence, or argument as to Plaintiff not being able to perform her profession as an attorney due to any condtions she claims to be attributable to the accident in which event Defendants may introduce Mr. Howden's opinions at trial. [Plaintiff's MIL No. 11, Dkt. 195];

IT IS FURTHER ORDERED, ADJUDGED AND DECREED In reliance upon Plaintiff's representation that she will not be calling Mr. Sidlow as a witness at trial, Defendants will not call Mr. Kirkendall as a witness at trial. [Plaintiff's MIL No. 12, Dkt. 196];

IT IS SO ORDERED.