Mendoza

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

DONNA MENDOZA, Case No. 18-CV-06414-LHK

Plaintiff,

ORDER ON MOTIONS IN LIMINE

v. Re: Dkt. Nos. 94–96,

INTUITIVE SURGICAL, INC., Defendant. 17 Before the Court are the motions in limine of Plaintiff Donna Mendoza, ECF Nos. 94–96, 18 and the motion in limine of Defendant Intuitive Surgical (“Intuitive”), ECF No. 98. After 19 reviewing the parties’ briefing, the case law, and the record in this case, and balancing the 20 considerations set forth in Federal Rule of Evidence 403, the Court rules as follows:

22 Mendoza’s Motions in Limine (“MILs”) 23 Mendoza’s MIL #1: Mendoza moves to exclude evidence of (1) the informed consent documents 24 she signed prior to her surgery; and (2) the conversations she had with Dr. Howard Marcus 25 regarding the risks of surgery. ECF No. 94. Intuitive opposes. ECF No. 106. 26 Ruling: DENIED WITHOUT PREJUDICE. Specifically, the Court rules as follows. 27 Mendoza moves to exclude evidence that she gave…