United States District Court, W.D. Louisiana, Monroe Division
L. HAYES MAG. JUDGE
A. DOUGHTY UNITED STATES DISTRICT JUDGE
action arises from an agreement between the parties
concerning the board, training, and sale of certain horses.
Pending here is an omnibus motion in limine filed by
Plaintiff Dr. Aldo Vicente Fonticiella
(“Fonticiella”) [Doc. No. 32]. Defendants Kaitlen
Powell, Justin Powell, and Steel Gang Quarter Horses, LLC
(“Steel Gang”) (collectively
“Defendants”) have filed an opposition [Doc. No.
following reasons, Fonticiella's motion is GRANTED IN
PART and DENIED IN PART.
FACTS AND PROCEDURAL HISTORY
contends that he came to an agreement with Defendants in late
August/early September 2017 with respect to a number of his
horses. Under that agreement, Defendants were to board and
care for all of the horses. Defendants were also permitted to
attempt to sell three of Fonticiella's horses at specific
horse sales on his behalf.
further contends that, instead of fulfilling the terms of
their agreement, Defendants went far outside of the authority
that Fonticiella gave them under their agreement. He alleges
that Defendants had one of the horses (known as Yellow Beard
or Toby) castrated by Dr. Debbie Guillory, a veterinarian in
Vidalia, Louisiana, without consulting him; that Defendants
then transferred a number of Fonticiella's horses to
third persons without Fonticiella's approval for amounts
that were far less than their fair market value; that
Defendants did not return the horses in question despite
Fonticiella's demand for the return of these horses; that
Defendants have not given Fonticiella the proceeds of the
sales of any of the horses; and that Defendants' actions
with respect to these horses constituted conversion.
seeks damages, the return of his remaining horses, specific
performance, and/or a declaratory judgment.
deny these allegations. Additionally, they filed a
counter-claim against Fonticiella alleging the non-payment of
invoices for the training and board of some of
Fonticiella's horses, as well as for the sale,
consignment/removing horses from sales, veterinarian bills
for the horses, expenses for registration with AQHA,
photography expenses, and damages.
presents four (4) subparts in his motion in limine for the
Court's consideration. The Court will consider each in
Applicable Law and Analysis
motion in limine is a motion made prior to trial for the
purpose of prohibiting opposing counsel from mentioning the
existence of, alluding to, or offering evidence on matters so
highly prejudicial to the moving party that a timely motion
to strike or an instruction by the court to the jury to
disregard the offending matter cannot overcome its
prejudicial influence on the jurors' minds. Mathis v.
Pinnacle Entm't, Inc., CIV.A. 11-2199, 2014 WL
2880217, at *5 (W.D.La. June 23, 2014) (quoting Bocalbos
v. Nat'l W. Life Ins. Co., 162 F.3d 379 (5th Cir.
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