Bardram v. Oak Hill Health and Rehabilitation, LLC

Filing 45

ORDER GRANTING 37 Motion in Limine WITHOUT PREJUDICE. Signed by Judge Mary S. Scriven on 2/6/2024. (AC)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JENNIFER BARDRAM,
Plaintiff,
v.

Case No: 8:22-CV-00873-MSS-AEP

OAK HILL HEALTH AND
REHABILITATION, LLC,
Defendant.

ORDER
THIS CAUSE comes before the Court for consideration of Plaintiff’s Motion
in Limine to Bar Introduction of Nursing On-Call Sheet, (Dkt. 37), and Defendant’s
response in opposition thereto. (Dkt. 41) Upon consideration of the relevant filings,
case law, and being otherwise fully advised, the Court hereby GRANTS Plaintiff’s
Motion WITHOUT PREJUDICE.
Although the Nursing On-Call Sheet, if authentic, may be relevant to
Defendant’s rebuttal of Plaintiff’s claim that she was entitled to $50 per day she was
on-call, it would appear Defendant did not produce this document according to its
discovery obligations. Defendant’s explanation that no discovery request sought the
relevant document ignores Parties’ affirmative obligation to produce “a copy . . . of all
documents . . . the disclosing party has in its possession, custody, or control and may

use to support its claims or defenses, unless the use would be solely for
impeachment[.]” Fed. R. Civ. P. 26(a)(1)(A)(ii); (Dkt. 17 at ¶ 8) Moreover, the
document is unsigned, and Defendant has produced nothing to indicate that
Defendant’s employees used the document at the time Defendant employed Plaintiff.
For these reasons, it is not plain on the face of the document how Defendant
will lay a foundation for its admission as trial. If Defendant can lay a foundation for
its authenticity and relevance at trial and can provide a basis for its failure to disclose
the document during discovery, the Court will revisit its decision.
Accordingly, the Court ORDERS that Plaintiff’s Motion in Limine to Bar
Introduction of Nursing On-Call Sheet, (Dkt. 37), is GRANTED WIHTOUT
PREJUDICE.
DONE and ORDERED, in Tampa, Florida this 6th day of February 2024.

Copies furnished to:
Counsel of Record
Any Unrepresented Party