Equal Employment Opportunity Commission v. Rock-Tenn Company

Filing 120

ORDER denying 50 Motion in Limine; denying 52 Motion in Limine; granting 57 Motion in Limine; granting 70 Motion in Limine; granting 72 Motion in Limine; granting in part and denying in part 98 Motion in Limine. Signed by Judge Brian S. Miller on 6/24/11. (kpr)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
v.

PLAINTIFF

CASE NO. 4:08CV03127 BSM

ROCK-TENN COMPANY

DEFENDANT
ORDER

There are six pending motions in limine. It is difficult to determine the admissibility
of much of the evidence at issue without hearing it in the context of trial. Therefore,
although many of the requests to exclude evidence in limine are denied, the parties may
renew their objections at trial. The motions are granted or denied as set forth below.
The EEOC’s motion to exclude testimony regarding Wiley’s trip to Louisiana in 2011
[Doc. No. 50] is denied.
The EEOC’s motion to exclude evidence of Wiley’s alleged flirtatious behavior in
the workplace [Doc. No. 52] is denied.
The EEOC’s motion to exclude evidence of rumors that Brown put pictures of her
breast on the internet [Doc. No. 57] is granted.
The EEOC’s motion to exclude evidence of or inquiry regarding Hearst’s prior
workers’ compensation claim against Rock-Tenn [Doc. No. 70] is granted.
The EEOC’s motion to exclude evidence of or inquiry regarding Wiley’s prior
workers’ compensation claim and personal injury action against Rock-Tenn [Doc. No. 72]
is granted.
Rock-Tenn’s motion to exclude certain documents listed in the EEOC’s pretrial
disclosure sheet [Doc. No. 98] is granted in part and denied in part as follows.
The following evidence is excluded in limine: the union investigation report
regarding the sexual harassment allegations against Birch (but this evidence may be admitted

if Rock-Tenn opens the door); documents submitted with the EEOC’s initial disclosures to
include Brown’s charge of discrimination and Rock-Tenn’s responses to the charge of
discrimination and all subsequent responses; and the out-of-court statements made by Yancy
and Brown containing allegations as to Birch and Rock-Tenn.
The following evidence is not excluded in limine: Birch’s 1995 disciplinary write-up;
documents regarding Wiley’s criminal charges against Birch; and financial documents
showing Rock-Tenn’s net worth.
IT IS SO ORDERED this 24th day of June 2011.

________________________________
UNITED STATES DISTRICT JUDGE

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