Townsend v. Brooksville Health Care Center, LLC

Filing 40

ORDER: Defendant's Motion in Limine (Doc. # 39 ) is GRANTED as an unopposed Motion. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 4/14/2017. (KAK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MILLICENT TOWNSEND,
Plaintiff,
v.

Case No. 8:16-cv-930-T-33MAP

BROOKSVILLE HEALTH CARE CENTER, LLC,
Defendant.
________________________________/
ORDER
This cause comes before the Court pursuant to Defendant’s
Partially Unopposed Motion in Limine (Doc. # 39), which was
filed on March 27, 2017.

Plaintiff Millicent Townsend had an

opportunity to respond to the Motion in Limine, but she failed
to do so.

Local Rule 3.01(b), M.D. Fla. states: “Each party

opposing a motion or application shall file within fourteen
(14) days after service of the motion or application a
response that includes a memorandum of legal authority in
opposition to the request, all of which the respondent shall
include in a document not more than twenty (20) pages.”
Based on Plaintiff’s failure to respond to the Motion,
the Court finds that Plaintiff does not oppose the relief
sought in the Motion.
Motion.

The Court accordingly grants the

Plaintiff, her counsel, and her witnesses shall not,

without first approaching the bench, outside the presence of
the hearing of the jury, mention, allude to or interrogate, or
in any way apprise the jury concerning the ten matters raised

in the Motion in Limine.

The Court has granted the Motion in

Limine in full as an unopposed Motion, however, the Court
summarizes the ten items raised in the Motion in Limine below:
1.

Evidence

related

to

Defendant’s

income,

assets,

or

financial worth;
2.

References or allusions to counsel for Defendant as
“Texas Lawyers” or highlighting the fact that counsel for
Defendant is not from Florida and does not maintain an
office in Florida;

3.

Evidence which might inform the jury that other claims or
suits have been filed or made against Brooksville or the
results of those claims or suits, including but not
limited to any lawsuits or administrative charges filed
by Lacy Whitworth;

4.

Requests

or

demands

that

counsel

for

Defendant

or

Defendant produce from their files any information,
documents or written records concerning this case.

If

Townsend or her counsel desire the production of any such
information, documents or records during trial, any
requests for documents should be made outside of the
presence of the jury;
5.

Any pleading, testimony, remarks, questions or arguments
which might inform the jury that the Motion in Limine has
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been filed and granted;
6.

References to Defendant’s counsel as one who regularly
represents defendants in employment lawsuits;

7.

Any questioning or testimony which would provide the
identity of resident JM or his wife;

8.

Any questions suggesting that Brooksville employee Cheryl
Fagundo does not have “black friends” on Facebook;

9.

Any testimony from Plaintiff that a Brooksville employee
“on the second floor” told her that she heard Plaintiff
had been subjected to any sort of discriminatory conduct;
and

10.

Any testimony from Plaintiff that any employee at other
senior living facilities at which Plaintiff applied after
her termination “told” her that she would not be hired
because

of

an

alleged

negative

reference

from

Brooksville.
Accordingly, it is
ORDERED, ADJUDGED, and DECREED:
Defendant’s Partially Unopposed Motion in Limine (Doc. #
39) is GRANTED as an unopposed Motion.
DONE and ORDERED in Chambers in Tampa, Florida, this 14th
day of April, 2017.

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