CRAIG v. CORNERSTONE TRADING GROUP, LLCCRAIG v. CORNERSTONE TRADING GROUP, LLC
ORDER ON OMNIBUS AND SETTLEMENT MOTIONS IN LIMINE
This matter is before the Court on two Motions in Limine: a Motion in Limine, Omnibus (
Plaintiffs’ claims against Defendants are set to be tried by a jury on September 14, 2026. The City recently filed the instant motion seeking preliminary rulings from the Court regarding admissibility of various types of evidence. For the reasons discussed below, both Motions are granted in part and denied in part.
I. LEGAL STANDARD
“[J]udges have broad discretion in ruling on evidentiary questions during trial or before on motions in limine.” Jenkins v. Chrysler Motors Corp., 316 F.3d 663, 664 (7th Cir. 2002). The Court excludes evidence on a motion in limine only if the evidence clearly is not admissible for any purpose. See Hawthorne Partners v. AT&T Techs., Inc., 831 F. Supp. 1398, 1400 (N.D. Ill. 1993).
II. DISCUSSION
The Court will first address the Cornerstone Defendants’ Motion in Limine before turning to the City‘s Motion.
A. Cornerstone Defendants’ Motion in Limine (Filing No. 352 )
The Cornerstone Defendants seek exclusion of any evidence, argument or reference to any settlement agreement, settlement communications, agreed judgment or a party‘s solvency (
The Plaintiffs do, however, oppose the Motion insofar as the categorical exclusion of the Cornerstone Defendants’ financial condition.
The Court agrees that settlement negotiations or agreements and any agreed judgment may not be introduced in this case pursuant to
Accordingly, the Cornerstone Defendant‘s Motion is granted as to evidence of settlement negotiations and agreements and any agreed judgment. However, the Motion is denied as to
B. The City‘s Motion in Limine (Filing No. 346 )
The City asks the Court to exclude thirteen different categories of evidence which the Court will address in turn.
1. Motion in Limine 1
The City asks the Court to exclude any testimony from Plaintiff Stokes concerning her experienced fear, anxiety, and uncertainty with regard to the negative effects the fire had on her property as a mental health professional (
The Court has addressed the City‘s separate motion in limine concerning Plaintiff‘s emotional distress damages in a previous Order. (
As the Court previously explained, Stokes may offer lay testimony about her experiences. Accordingly, this Motion in Limine is denied and a detailed discussion of the City‘s arguments
2. Motion in Limine 2
The City seeks to exclude “undisclosed opinion testimony from other fact witnesses that Plaintiffs have identified on their final witness list.” (
First, the City believes Plaintiffs intend to have Doug Gardner testify that he commissioned the National Oceanic and Atmospheric Administration (“NOAA“) to do a plume study to discuss the concern for a fire on the properties that could be a four-alarm fire, requiring joint assistance from fire departments to control and the evacuation of the neighboring homes. The City notes that the plume study is based on NOAA‘s HYSPLIT air dispersion model which “is a complicated, multifaceted computer modeling system that predicts how emissions will travel, taking into account not only wind flow, direction, and speed, but also particle behavior, dispersal mechanics, and the impact of meteorological and even radioactive factors.”
The City also identifies Christopher Abel and asserts that Plaintiffs have identified Abel as an environmental chemist who will testify regarding an October 31, 2024 Investigation Report that he authored, and the toxic chemicals that were found in sampled sites.
In Response, the Plaintiffs argue that Gardner has firsthand knowledge concerning his inspection of the properties, the hazards he observed, the 2019 Unsafe Building Commission proceedings, his involvement in obtaining the NOAA study, the concerns communicated to City officials, and the City‘s subsequent actions (
Here, Plaintiffs do not intend to ask Mr. Gardner about the technical accuracy of the NOAA HYSPLIT model. Instead, Plaintiffs intend to elicit testimony concerning: (1) that an air-plume study was obtained in connection with properties; (2) that the study and its figures were presented or discussed during the 2019 proceedings; the concerns and warnings that Gardner communicated concerning a potential fire, the need for assistance from other agencies, and possible evacuation;
3. Motion in Limine 3
The City contends that the Court should prohibit argument from Plaintiffs regarding the standard of care under state and federal fire codes to the extent such evidence or argument is not based on expert testimony (
In Response, the Plaintiffs assert that Indiana permits applicable safety regulations to be considered as evidence of breach when the defendant‘s duty exists independently under common law (
The Court will not allow the Plaintiffs to introduce evidence for the purpose of establishing that any code violation establishes negligence. However, a blanket exclusion of all evidence and limiting questioning of the fire and safety codes solely to experts is too broad of an exclusion. The Court cannot say that any evidence or questioning of the fire and safety codes in relation to a non-expert is automatically inadmissible for any purpose. Accordingly the City‘s Motion in Limine 3 is denied.
4. Motion in Limine 4
The City‘s fourth request is that the expert testimony of Plaintiffs’ expert, William Hicks, Jr be excluded. However, the City filed a separate motion concerning this same exclusion which the Court has ruled on. Accordingly, for the reasons explained in
5. Motion in Limine 5
The City‘s fifth request is to exclude evidence, testimony, or argument regarding fear, anxiety, uncertainty, or other mental distress for future injury (
6. Motion in Limine 6
The City seeks to exclude Plaintiffs’ compensatory damages evidence that was not timely disclosed or produced. (
The City argues that Craig has failed to produce any evidence supporting categories of claimed damages, including those incurred because of the evacuation (i.e., the Airbnb costs, property taxes, home insurance, and sewer, water, and internet fees), and those resulting from his emotional distress and mental anguish. The City argues that Stokes provided only limited information and documents with respect to her alleged damages, and it has not received any additional or supplemental information from Stokes since her June 14, 2024, deposition. The City explains that it is not suggesting there should have been more evidence, but notes that it is entitled to an order preventing either Craig or Stokes from testifying regarding the types of damages that were not disclosed during discovery.
Plaintiffs contend that the absence of a predetermined dollar figure does not preclude noneconomic damages and loss of use and enjoyment, inconvenience, anxiety, and emotional distress are not established through receipts or an arithmetic computation. Plaintiffs argue that they disclosed those categories and testified concerning the nature and duration of their experiences, therefore, the jury must determine their value from the evidence and the Court‘s instructions.
The Court agrees that any compensatory damages for concrete injuries such as damages for an Airbnb, property taxes, home insurance, and certain utility expenses were required to be disclosed. While the Plaintiffs are correct that
However, because the Plaintiffs disclosed the various categories of damages, the Court will allow them the opportunity to supplement such disclosures with computations for the categories the City was made aware of, within seven days of this Order.
7. Motion in Limine 7
The City contends that Plaintiffs and Cornerstone Defendants should be prohibited from providing evidence, testimony or argument about the way the City fought the Fire. (
Plaintiffs do not oppose Motion in Limine No. 7 but argue that it should be granted only to the extent that it prohibits them from asserting that the City was negligent in the manner in which it fought the fire. Plaintiffs argue that witnesses, including firefighting officials with firsthand knowledge should remain free to describe the fire‘s progression, duration, and spread, the
The City‘s Motion in Limine 7 is granted. Neither Plaintiffs nor the Cornerstone Defendants may provide evidence, testimony or argument regarding the way the City fought the fire for the purpose of arguing the City was negligent. This ruling does not preclude otherwise admissible factual evidence concerning the fire and emergency response relevant to Plaintiffs’ claims.
8. Motion in Limine 8
The City argues that Plaintiffs and the Cornerstone Defendants should be prohibited from offering argument, evidence, or testimony regarding the presence (or lack) of liability insurance that might pay for Plaintiffs’ claims. (
Plaintiffs respond that they do not intend to offer evidence, testimony, or argument concerning whether the City or the Cornerstone Defendants possess liability insurance, whether insurance may satisfy any judgment, or whether an insurer is paying the City‘s defense costs. (
9. Motion in Limine 9
The City asks the Court to exclude the financial condition of any party, how an award of damages would be paid, the City‘s litigation strategy or legal fees, punitive damages, or any “David versus Goliath” themed arguments.(
The Plaintiffs do not oppose the motion, however, they contend that this ruling should not eliminate their request for punitive damages against Cornerstone Trading Group, LLC and Seth Smith (
The City‘s Motion in Limine 9 is therefore granted as to the exclusion of all financial conditions, how awards of damages would be paid, the City‘s litigation strategy or legal fees, punitive damages, or any other “David versus Goliath” themed arguments; subject to the Plaintiffs ability to introduce such financial evidence and argument supporting punitive damages against Cornerstone and Smith in a subsequent phase following a finding of liability and compensatory damages.
10. Motion in Limine 10
The City asks the Court to exclude any testimony, evidence or argument concerning “golden rule” themes such as asking the jury to place themselves in Plaintiffs’ shoes (
11. Motion in Limine 11
The City asks the Court to prohibit evidence, testimony or argument regarding settlement negotiations or the failure of the parties to reach a settlement in this case.
12. Motion in Limine 12
The City asks the Court to prohibit testimony, evidence, or argument regarding other fires not at issue in this litigation. (
The Plaintiffs oppose this request. While they do not intend to offer evidence of fires at unrelated properties involving unrelated parties merely to suggest that Defendants acted negligently, Plaintiffs argue that the City‘s request is too broad and the categorical request should be denied. (
13. Motion in Limine 13
Finally, the City asks the Court to prohibit testimony, evidence, or argument that the litigation is causing or adding to Plaintiffs’ emotional distress (
III. CONCLUSION
For the reasons discussed above, the Cornerstone Defendant‘s Motion (
The City‘s Motion in Limine, Omnibus (
SO ORDERED.
Date: 8/10/2026
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana