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" ... She filed a motion in limine stating she believed this reference “is used in a derogatory way and is meant to make the state’s attorneys seem oppressive.” She wanted to be referred to as “General Rettig,” Mrs. Rettig or simply "the state." ... "
" ... The court must also look at, somewhat obviously, the special motion, opposition to that motion, and any replies and sur-replies, etc., an including the things that normally adjunct to such motions like requests for judicial notice to get evidence in and motions in limine to keep evidence out. ... "
" ... Thomas remains a fixture of the government’s pretrial motions, but courts should evaluate such motions with great care. In case after case over the past 15 years, prosecutors have used Thomas—a case involving a sympathetic victim—to try to preclude defendants from exploring the negligent or even criminal behavior of sophisticated institutions such as banks, universities, and government benefit programs. For example, in United States v. Atias, No. 14 Cr. 403 (S-1), 2016 WL 11189999 (DRH) (E.D.N.Y.) (May 24, 2016), the government relied on Thomas to seek an order precluding the defendants “from referring to any knowledge of any bank employee of defendants’ fraud or any perceived or actual negligence or even criminal liability by any employees of the victim Bank of America.” For another example, in United States v. Gatto, No. S2 17 Cr. 686, 2018 WL 4567255 (LAK) (S.D.N.Y.) (Sept. 14, 2018), the government relied on Thomas in seeking to bar the defendants from arguing or otherwise implying that the University of Louisville “was negligent or otherwise careless in preventing NCAA rules violations and/or detecting misrepresentations by student-athletes regarding their eligibility to compete.” For yet another example, in United States v. Esformes, No. 16-20549, 2019 WL 1891211 (S.D. Fla.) (Mar. 25, 2019), the government cited Thomas in its motion in limine seeking to bar the defendant from “arguing, offering evidence, or eliciting on direct or cross-examination” anything suggesting that Medicare, Medicaid, or the Agency for Health Care Administration were negligent. Such motions are de rigueur in fraud cases. ... "