Hopkins v. City of Wilmington

Filing 81

MEMORANDUM ORDER re denying 65 MOTION for Leave to File Three Additional Motions in Limine filed by Kenneth W. Hopkins, granting 67 MOTION to Compel Discovery filed by City of Wilmington, and Scheduling Jury Selection for 10/12/2012 at 9:00 am in Courtroom 6B before Judge Leonard P. Stark. Signed by Judge Leonard P. Stark on 9/21/2012. (rpg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

KENNETH W. HOPKINS,
Plaintiff,

C.A. No. 08-302-LPS

v.

CITY OF WILMINGTON,
Defendant.
MEMORANDUM ORDER

1.

Defendant, City of Wilmington, has moved to compel additional discovery and re-

depose Plaintiff, Kenneth W. Hopkins. (D.I. 67) The Court finds that Plaintiff's medical records
are relevant to the subject matter of the action. Because Plaintiff seeks back pay and front pay,
Plaintiff's physical condition from the time ofhis June 8, 2007 termination is at issue. Plaintiff
has not provided medical records for the period between November 2009 and February 2012, and
has not produced records related to his February 2012 knee operation. The Court agrees with
Defendant that Plaintiff's 2012 operation is new and relevant information.
Accordingly, IT IS HEREBY ORDERED that Defendant's motion (D.I. 67) is
GRANTED. Plaintiff shall produce, by October 1, 2012, all relevant medical records dating
from November 2009 onwards and shall appear for a deposition, which shall occur no later than
October 11,2012, on his physical condition. See Fed. R. Civ. P. 26(b)(l); Fed. R. Civ. P.
30(a)(2)(ii). The deposition will be limited to no more than two (2) hours. Additionally, it shall
be held at a time and location convenient for Plaintiff.
2.

Plaintiff seeks leave to file three additional motions in limine, in addition to the

1

three included in the proposed final pretrial order as permitted by the Court. (D.I. 65) Plaintiffs
request is denied. The additional issues Plaintiff wishes to address by motions in limine can be
raised during the pretrial conference and at any appropriate time during trial.
3.

Defendant shall file its reply in support of its motion in limine, as well as its

objections to Plaintiffs proposed preliminary jury instructions, final jury instructions, voir dire,
and special verdict form, no later than September 25, 2012 at 10:00 a.m.
4.

Jury selection will be conducted on Friday, October 12, 2012, beginning at 9:00

a.m. Trial will commence with opening statements on Monday, October 15,2012 beginning at
9:00a.m. Trial is scheduled for five (5) days and will be timed, with each side to be allocated a
maximum of twelve (12) hours, with the specific amount of time to be determined at the pretrial
conference.

Dated: September 21, 20 12
Wilmington, Delaware

UNITED TATES DISTRICT COURT

2