Elkins

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 THE ESTATE OF CECIL ELKINS, CASE NO. 1:13-CV-1483 AWI SAB CREASHA ELKINS, individually and as guardian ad litem for DYLAN ELKIN and DEVIN ELKINS, VALIECIA ORDER ON PLAINTIFFS’ MOTION PEREZ, and TINA TERRELL, FOR RECONSIDERATION

Plaintiffs (Doc. No. 296) v.

HIPOLITO PELAYO,

Defendant

15 16 This is a civil rights lawsuit that arises from the fatal encounter between decedent Cecil Elkins, Jr. and Defendant California Highway Patrol Officer Hipolito Pelayo (“Defendant” or “Pelayo”). Currently before the Court is a trial brief by Plaintiffs that is in reality a motion for reconsideration of the Court’s ruling on Defendant’s motion in limine number four. For the reasons that follow, Plaintiffs motion will be denied. Plaintiffs’ Argument Plaintiffs argue that reconsideration is warranted because of misapplication of the law. While the Court cited the appropriate Federal Rule of Evidence (“FRE”) 404(b)(2) standards, the Court…