La-Kebbia Wilson et al v. City of Fresno, et al
Filing
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ORDER on Defendant's Motions In Limine (Doc. 72 ), Signed by District Judge Lawrence J. O'Neill on 3/20/2012. (Arellano, S.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LA-KEBBIA WILSON,
CASE NO. CV F 09-0887 LJO SMS
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ORDER ON DEFENDANT’S MOTIONS IN
LIMINE
(Doc. 72.)
Plaintiff,
vs.
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CITY OF FRESNO,
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Defendant.
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/
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This Court conducted a March 20, 2012 hearing on each motion in limine (“ML”) of defendant
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City of Fresno (“City”). Plaintiff La-Kebbia Wilson (“plaintiff”) appeared by counsel Rayma Church.
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The City appeared by counsel Joseph Rubin. For the reasons stated on the record, this Court:
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1.
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GRANTS ML No. 1 to require the parties to give 24-hour advance notice of witnesses
to be called;
2.
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GRANTS ML No. 2 to exclude evidence of plaintiff’s good character, unless her
character for honesty and veracity is attacked;
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3.
GRANTS ML No. 3 to preclude evidence as to the City’s insurance;
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4.
GRANTS ML No. 4 to instruct the jury to ignore potential publicity as to this action;
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5.
GRANTS ML No. 5 to preclude evidence as to other employment lawsuits, claims or
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grievances against the City on the condition that the City refrains to offer evidence of an
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absence of lawsuits, claims or grievances by other employees;
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6.
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GRANTS ML No. 6 to exclude evidence that the City violated 42 U.S.C. §§ 1981 or
1983 or is liable for discrimination;
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GRANTS ML No. 7 to exclude evidence as to plaintiff’s December 22, 2010 evaluation
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but DENIES ML No. 7 as to plaintiff’s vehicle assignments;
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DENIES ML No. 8 to the extent that the City’s actions or inactions evidence retaliation
even though individual actions or inactions are not adverse employment action;
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GRANTS ML No. 9 to preclude opinions as to discrimination, retaliation and harassment
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but witnesses may testify as to their observations and counsel may argue that evidence
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reflects retaliation;
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10.
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plaintiff’s damages on what the jury would accept to endure similar treatment;
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GRANTS ML No. 10 to preclude evidence or argument that the jury should base
GRANTS ML No. 11 to preclude evidence or argument as to plaintiff’s economic
damages;
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GRANTS ML No. 12 to preclude evidence of retaliation and damages arising prior to
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July 18, 2007 except to the extent that such evidence is placed in context of plaintiff’s
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permissible claims.
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instruction;
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13.
Upon request, this Court will issue an appropriate limiting
GRANTS ML No. 13 to preclude evidence of plaintiff’s high blood pressure,
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complicated pregnancy and related medical conditions except that such evidence may be
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used for rebuttal to the extent that the defense opens the door to such issues;
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14.
GRANTS ML No. 14 to exclude evidence of settlement offers and discussions;
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15.
GRANTS ML No. 15 to preclude Rachel Wilson’s testimony entirely and to preclude
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Denard Fobbs’ testimony, except to the extent Denard Fobbs’ testimony serves was
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rebuttal evidence;
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16.
GRANTS ML No. 16 to preclude evidence or argument as to:
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a.
Plaintiff being the only African-American in Code Enforcement;
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b.
Other employees missing meetings and not being disciplined;
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c.
Statements attributed to Alex Correa;
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d.
Statements attributed to other employees as to plaintiff’s emotional status and
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discipline;
e.
Stray remarks of non-decision makers and/or racial remarks plaintiff heard from
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others;
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f.
Opinions as to differences in counseling sessions or discipline; and
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g.
Nazi salute from a coworker to coworker;
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17.
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GRANTS ML No. 17 to preclude plaintiff’s testimony that she was better qualified than
other applicants for promotions;
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18.
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GRANTS ML No. 18 to preclude evidence as to testing procedure for promotion to
senior neighborhood standards specialist; and
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19.
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GRANTS ML No. 19 to require plaintiff’s counsel to provide defense counsel outside
the jury’s presence an offer of proof as to similarity prior to attempting to introduce
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comparative evidence.
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IT IS SO ORDERED.
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Dated:
66h44d
March 20, 2012
/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE
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