Client Wins
Silas and Lee Limit Plaintiff to Cross-Examination Only with Strategic Motions Granted
Kimberly Silas (Of Counsel-New Orleans) and Elise Madere Lee (Associate-New Orleans) successfully argued a motion in limine and a motion to strike the plaintiff's witness and exhibit list on behalf of a condominium association, in a case pending in Orleans Parish Civil District Court. The plaintiff's claims include property damage and a breach of contract. The court issued a scheduling order in July 2023 and specified pre-trial deadlines. The plaintiff's counsel failed to comply with any of the deadlines. Kimberly and Elise filed motions to compel discovery, but the plaintiff failed to appear for the scheduled hearing. The ongoing lack of cooperation exhibited throughout the case includes the plaintiff's failure to file a witness or exhibit list. In response, Kimberly and Elise filed a motion in limine to prevent the plaintiff from presenting any evidence or witnesses at trial. The opposition to the motion was due on June 20, 2024, but no filing occurred until June 26, 2024. Accordingly, Wilson Elser moved to strike the opposition and the plaintiff's witness and exhibit list. At the June 28, 2024, hearing, the court granted Kimberly and Elise's motion in limine and the motion to strike the witness and exhibit list, informing the plaintiff that he is only permitted to cross-examine witnesses at trial.
Kimberly R. Silas and Elise Madere Lee