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Jason D. Lamm (018454)

Law Office of Jason Lamm

2501 North Seventh Street

Phoenix, Arizona 85006-1062

Tel: (602) 222-9237

Fax: (602) 222-2299

Email: jlamm@cyberlawaz.com

Attorney for Plaintiff Leslie A. Merritt, Jr.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Leslie A Merritt, Jr., a single man,

Plaintiff,

vs.

State of Arizona, et al.

Defendants.

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Case No.: CV17-4540-PHX-DGC

PLAINTIFF’S MOTION IN

LIMINE NO. 2 RE: GLENDALE 

CITY COURT MATTERS

Plaintiff, through undersigned counsel, moves this Court for an order in 

limine precluding the defendant from introducing evidence or argument that:

• The plaintiff was charged with interfering with judicial proceedings in 

Glendale City Court Case No. CR2016-025279 wherein Brittany Pearcy 

was the alleged victim.

• The plaintiff being a defendant in an Order of Protection Matter in

Glendale City Court Case No. CV2016-024179 wherein Brittany Pearcy 

was the plaintiff.

• Any allegation the plaintiff is the alleged father of a child with Brittany 

Pearcy.

• Any allegation the plaintiff committed an act of domestic violence 

against Brittany Pearcy.

The Court previously precluded the defendant from utilizing the witnesses

related to the subject of this motion, Brittany Pearcy and her mother. (Doc. 212).

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The Court should further preclude the defendant from introducing the subjects

listed above through other witnesses or arguments. The items are immaterial and 

unduly prejudicial and have little probative value under Rule 401 and 403.

On or about October 13, 2016, Brittany Pearcy, a former intimate partner of 

the plaintiff, obtained an Order of Protection against him in the Glendale City Court 

Exhibit 1. On or about December 19, 2016, the State criminally charged the plaintiff 

in the Glendale City Court with one count of interfering with judicial proceedings 

for allegedly violating said Order. Exhibit 2.

The State served a subpoena to Ms. Pearcy for the plaintiff’s criminal trial in 

Glendale City Court, and she did not appear. The State then moved to dismiss all 

charges and has never refiled. The statute of limitations for re-filing the charges has 

long passed. Exhibit 3. See A.R.S. § 13-107.

On February 6, 2017, the Glendale City Court dismissed the Order of 

Protection when Pearcy failed to appear, despite her having notice. Exhibit 4.

To permit the defendant from mentioning these matters to the jury would be 

unduly prejudicial. The plaintiff was prevented from discovery because of the 

defendant's dilatory conduct. The plaintiff was never convicted of any criminal 

offense related to Pearcy's allegations. Rule 609 limits impeachment on crossexamination to matters for which an individual has been convicted. The 

unsupported criminal charges have no probative value and would only confuse or 

mislead the jury. See Rule 403.

Pearcy made the allegations in the Protective Order on an ex parte basis under 

A.R.S. § 13-3602. In Arizona, hearings on protective orders are conducted de novo. 

When the plaintiff requested a hearing, Pearcy presented no evidence to support her 

allegations of domestic violence.

The plaintiff asks the Court to enter the following Order:

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• The plaintiff was charged with interfering with judicial proceedings in 

Glendale City Court Case No. CR2016-025279 wherein Brittany Pearcy was 

the alleged victim.

• The plaintiff being a defendant in an Order of Protection Matter in Glendale 

City Court Case No. CV2016-024179 wherein Brittany Pearcy was the 

plaintiff.

• Any allegation the plaintiff is the alleged father of a child with Brittany Pearcy.

• Any allegation the plaintiff committed an act of domestic violence against 

Brittany Pearcy.

DATED THIS 10th day of January 2020.

/s/ Jason D. Lamm

Jason D. Lamm

Attorney for Plaintiff Leslie Merritt, Jr.

CERTIFICATE OF SERVICE

I certify that on this 10th day of January 2020 I electronically transmitted 

the attached document to the Clerk’s Office using the CM/ECF system for filing 

and transmittal of a Notice of Electronic Filing to the following CM/ECF 

registrants:

Clerk of the Court

United States District Court, District of Arizona

Sandra Day O’Connor Courthouse

401 W. Washington St.

Phoenix, AZ 85003

Edward F. Novak, Esq.

Melissa Ho, Esq.

Jonathan G. Brinson, Esq.

Polsinelli PC

One East Washington Street, Suite 1200

Phoenix, AZ 85004

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enovak@polsinelli.com; mho@polsinelli.com, jbrinson@polsinelli.com

Attorneys for Defendant State of Arizona, Heston Silbert, Christopher Kalkowski, 

Frank Milstead, Ken Hunter, Kelly M. Heape, Jennifer Pinnow, Anthony Falcone

By: /s/ Kathryn A. Miller

Kathryn A. Miller

Case 2:17-cv-04540-DGC Document 291 Filed 01/10/20 Page 4 of 4