DEFENDANTS' BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE DEFENDANTS FROM OFFERING EVIDENCE OR ARGUMENT REGARDING THEIR FINANCIAL RESOURCES

ARTHUR J. SCHWAB, District Judge.

As a primary matter in response to Plaintiff's motion, punitive damages are excluded from the insurance policy at hand. See Linebacker Public Official's and Employment Practices Liability Coverage Form, attached as Exhibit "A". The policy does not list punitive damages as being covered by the policy, as is typical in insurance coverage. The only reference in the policy to punitive damages is at Plaintiff's Exhibit "1", relative to acts of terrorism, acts not at issue in this case.

Accordingly, Defendants Berchtold and Taylor will be responsible for the payment of any award of punitive damages. To this end, the Defendants intend to offer evidence of Defendants Berchtold and Taylor's financial resources in relation to Plaintiff's punitive damages claim. The Defendants intend to present this evidence as it is wholly appropriate under the Model Rules of Civil Procedure and punitive damages precedent.

Plaintiff's argument that the Defendants have proffered no documents and thus are limited to testimony is unavailing. Rule 26 only requires the disclosure of documents that it may use to support its claims or defenses. F.R.Civ. P. 26(a)(1)(A)(ii). Documents related to the financial resources of individual defendants are not pertinent to a defense in this matter, but only relevant to Plaintiff's claim of damages. Further, Plaintiff has sought punitive damages since the filing of her first Complaint. (ECF No. 1, p. 6). Plaintiff did not seek any such documentation from the Defendants through discovery or file any motion to compel any such documents related to the individual Defendants' financial resources. Plaintiff's failure to explore this area during discovery does not now bar the Defendants from presenting evidence relevant and permissible to her claim of punitive damages.

As there is no other form of payment or coverage of the punitive damages in this case, it is appropriate and proper for Defendants Berchtold and Taylor to present evidence of their financial resources. It is also improper for Plaintiff to attempt to introduce any evidence of the insurance policy or elicit testimony regarding insurance coverage. F.R.E. 411. Therefore, the Defendants respectfully request this Honorable Court deny Plaintiff's Motion in Limine to Preclude Defendants from Offering Evidence or Argument Regarding their Financial Resources and include the relevant portion of the jury instruction on punitive damages regarding the Defendants' financial resources.