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James S. Jardine (1647) Mark M. Bettilyon (4798) Arthur B. Berger (6490) Samuel C. Straight (7638) RAY QUINNEY & NEBEKER P.C. 36 South State Street, Suite 1400 Salt Lake City, Utah 84111 Telephone: (801) 532-1500 Facsimile: (801) 532-7543 jjardine@rqn.com mbettilyon@rqn.com aberger@rqn.com sstraight@rqn.com David B. Thomas (3228) Office of the General Counsel Brigham Young University A-350 ASB Provo, Utah 84602 Telephone: (801) 422-4722 Facsimile: (801) 422-0265 Dave_Thomas@byu.edu Attorneys for Plaintiffs

Leo R. Beus (admitted pro hac vice) L. Richard Williams (admitted pro hac vice) Mark C. Dangerfield (admitted pro hac vice) Abigail M. Terhune (admitted pro hac vice) BEUS GILBERT PLLC 4800 North Scottsdale Road, Suite 6000 Scottsdale, Arizona 85251 Telephone: (480) 429-3000 Facsimile: (480) 429-3100 lbeus@beusgilbert.com rwilliams@beusgilbert.com mdangerfield@beusgilbert.com aterhune@beusgilbert.com

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH CENTRAL DIVISION BRIGHAM YOUNG UNIVERSITY, a Utah Non-Profit Education Institution; and Dr. DANIEL L. SIMMONS, an individual, vs. Plaintiffs, Case Number: 2:06-CV-890-TS PLAINTIFFS MOTION IN LIMINE NO. 12: EXCLUSION OF DEFENDANTS COUNSELS RELATIONSHIP TO BYU Judge Ted Stewart

PFIZER, INC., a Delaware corporation; G.D. SEARLE & COMPANY, a Delaware corporation; G.D. SEARLE LLC, a Delaware limited liability company; MONSANTO COMPANY, a Delaware corporation; and PHARMACIA CORPORATION, a Delaware corporation, Defendants.

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Plaintiffs Brigham Young University and Dr. Daniel L. Simmons (collectively BYU) file this motion in limine to preclude counsel for Defendants from referring directly or indirectly to his status as an alumnus of BYU or his membership in the sponsoring institution of BYU. Out of an abundance of caution and to limit the number of pretrial motions, Plaintiffs wrote to Brent Hatch, one of the lead lawyers for Defendants, proposing that Defendants stipulate to certain matters so as to obviate the need for related motion in limine. Among the potential issues identified by Plaintiffs for such stipulation was a Motion in Limine to preclude reference by Brent Hatch being a BYU graduate or member of the Church of Jesus Christ of Latter-day Saints, the institution that sponsors BYU.1 In response, on April 19, 2012, counsel for Pfizer wrote back with respect to Plaintiffs proposal as follows: Defendants do not agree with this proposed motion. While Defendants have no present intention of making such references, there appears to be no legal basis for such a stipulation. Further, without knowing how BYU plans to present its lawyers, witnesses, and other matters at trial, such a stipulation is further without basis. 2 Pfizers response thus necessitates this Motion. Contrary to Defendants suggestion, there is a clear legal basis for such a stipulation. [S]trong appeals in the course of argument to sympathy, or appeals to passion, racial, religious, social, class, or business prejudice lie beyond the permissive range of propriety. Solorio v. Atchison, T. & S.F. Ry. Co., 224 F.2d 544, 547 (10th Cir. 1955). There would be no basis for counsel for Pfizer, Mr. Hatch, to reference in any way the fact that he is a graduate of Brigham Young University because such information conveyed by a lawyer would not be evidence at all, let alone relevant evidence under FRE 401. Moreover, even if such information constituted
1 See Letter of April 5, 2012 to Brent Hatch from James Jardine, a copy of which is attached hereto as Exhibit A. 2 See Letter of April 19, 2012 to James Jardine from Brent Hatch, a copy of which is attached hereto as Exhibit B.

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evidence, it should be excluded under RE 403 because of the danger of unfair prejudice, confusion of the issues, and potential to mislead the jury. The same would be even more true as to Mr. Hatchs affiliation with the Church of Jesus Christ of Latter-day Saints, the sponsoring institution of BYU. See Sandoval v. Calderon, 2401 F.3d 765, 777 (9th Cir. 2000)(religious arguments have been condemned by virtually every federal and state court to consider the challenge); Whitfield v. Harris, 474 F. Supp. 822, 824-25 (N.D. 2007)(court granted motion in limine prohibiting counsel from referencing religion during trial). Defendants also contend that they should not be so limited without knowing how BYU plans to present its lawyers, witnesses, and other matters at trial . . . 3 This concern is obviously wrong as a matter of logic because there would be no prejudice to Defendants if it were disclosed that counsel for BYU had an alumnus relationship with BYU. More to the point, Plaintiffs counsel have no plans to present themselves as alumni of BYU or affiliated with its sponsoring institution in any way. For the foregoing reasons, the Court should preclude counsel for Defendants from making any reference to his relationship as a graduate or otherwise to BYU or to its sponsoring institution, the Church of Jesus Christ of Latter-day Saints.

3 Id. at 2.

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DATED this 24th day of April, 2012. RAY QUINNEY & NEBEKER P.C. By /s/ James S. Jardine James S. Jardine Mark M. Bettilyon Arthur B. Berger Samuel C. Straight

BEUS GILBERT PLLC Leo R. Beus L. Richard Williams Mark C. Dangerfield Abigail M. Terhune OFFICE OF THE GENERAL COUNSEL David B. Thomas BRIGHAM YOUNG UNIVERSITY Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE On the 24th day of April, 2012, the foregoing PLAINTIFFS MOTION IN LIMINE NO. 12: EXCLUSION OF DEFENDANTS COUNSELS RELATIONSHIP TO BYU was filed electronically with the Clerk of the United States District, District of Utah Central Division, using the CM/ECF system which sent notification of such filing to the following: Richard OMalley, Esq. Sidley Austin LLP One South Dearborn Chicago, IL 60603 Telephone: 312-853-3577 Facsimile: 312-853-7036 romalley@sidley.com John Caleb Dougherty Richard T. Mulloy Kathy J. Owen DLA PIPER 6225 Smith Avenue Baltimore, MD 21209 Telephone: 410-580-4140 Facsimile: 410-580-3140 John.dougherty@dlapiper.com Richard.mulloy@dlapiper.com Kathy.owen@dlapiper.com William F. Lee Amy K. Wigmore WilmerHale 60 State Street Boston, MA 02109 Telephone: 617-526-6000 Facsimile: 617-526-5000 William.lee@wilmerhale.com Amy.wigmore@wilmerhale.com

Brent O. Hatch Phillip J. Russell Hatch, James & Dodge, P.C. 10 W. Broadway, Ste. 400 Salt Lake City, UT 84101 Telephone: 801-363-6363 Facsimile: 801-363-6666 bhatch@hjdlaw.com prussell@hjdlaw.com

/s/ Jeanette Evans

1180742

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