Jenkins v. Xpresspa Group, Inc.

Background Rodger Jenkins and Gregory Jones are the plaintiffs, and Xpresspa Group, Inc. is the defendant. The parties were tentatively scheduled for a bench trial in May 2021. As of March 17, 2021, their motions in limine—motions asking the court to decide evidentiary or trial-related issues before trial—were fully briefed.

Order The parties jointly notified the court on March 22, 2021, that the court’s decision on one of Xpresspa Group’s motions in limine might help facilitate a settlement before trial. The court scheduled oral argument on the parties’ motions in limine for April 9, 2021, at 2:30 p.m. The argument would take place by Zoom, with additional access information to follow.

What the Court Required Judge Valerie Caproni ordered the parties to be prepared to discuss whether their arguments, including arguments invoking judicial estoppel—a doctrine that can restrict a party from taking inconsistent positions—were appropriate for resolution through a motion in limine. The order cited an appellate decision stating that judicial-estoppel issues may be improper for a motion in limine when they effectively seek judgment on a legal issue rather than a ruling about evidence. This order did not decide the parties’ motions in limine, the judicial-estoppel issue, or the underlying case.