Adams et al v. Nature's Expressions Landscaping, Inc.
Filing
94
MEMORANDUM OPINION & ORDER: 1) 79 MOTION in Limine to exclude Notes made by Plaintiff's Wife is GRANTED; 2) The motion to exclude evidence of Dale Flygstad's conversation proving claim of retaliation is DENIED AS MOOT. Signed by Judge Joseph M. Hood on 9/19/2018.(JJ)cc: COR
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION at LEXINGTON
THOMAS ADAMS, ET AL.,
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Plaintiffs,
v.
NATURE’S EXPRESSIONS
LANDSCAPING, INC.,
Defendant.
Civil Case No.
5:16-cv-98-JMH
MEMORANDUM OPINION
AND ORDER
***
This matter is set for trial beginning on October 23, 2018.
Now before the Court is Defendant’s consolidated motion in limine
to exclude evidence, which was filed on August 8, 2018.
[DE 79].
Specifically,
made
Defendant
moves
to
exclude:
1)
notes
by
Plaintiff Anderson’s wife, Jessica Anderson and 2) evidence of
Dale
Flygstad’s
conversations
with
Plaintiff Stewart’s retaliation claim.
Anderson
to
help
prove
The Plaintiffs did not
object or otherwise respond to Defendants motion.
Having been
fully briefed, and the Court being otherwise sufficiently advised,
this motion is ripe for review.
The motion was filed prior to the Court’s recent Memorandum
Order and Opinion [DE 93], which granted summary judgment for the
Defendant on Plaintiff Ron Stewart’s retaliation claim but denied
summary judgment for the Defendant on Plaintiff Frankie Anderson’s
1
retaliation claim.
As such, the only claim remaining in this
action is Plaintiff Anderson’s retaliation claim.
1)
Motion to Exclude Notes Made by Plaintiff Anderson’s
Wife, Jessica Anderson
Nature’s Expressions has moved to exclude notes made by
Plaintiff Anderson’s wife, Jessica Anderson, which purport to
memorialize conversations between Anderson and representatives of
Nature’s Expressions.
Nature’s Expressions claims that Jessica
Anderson cannot meet the personal knowledge requirements of FRE
602.
Additionally, Nature’s Expressions argues that the notes
constitute hearsay without an exception under FRE 802.
As
an
initial
matter,
Jessica
Anderson’s
explicitly listed on Anderson’s exhibit list.
notes
are
[DE 91].
not
More
important, Anderson has not responded to assert that Jessica
Anderson’s
notes
should
be
admitted
pursuant
to
a
hearsay
exception.
As such, Defendant’s motion to exclude the notes made
by Jessica Anderson is GRANTED.
2)
Motion
to
Exclude
Evidence
of
Conversations with Plaintiff Anderson
Nature’s
Flygstad’s
Plaintiff
Expressions
conversations
Stewart’s
“anticipated
conversations
that
has
moved
exclude
evidence
of
Anderson
related
to
claim.
Nature’s
Expressions
retaliation
Stewart
between
[would]
Flygstad
2
Flygstad’s
Plaintiff
with
to
Dale
attempt
and
to
Anderson
introduce
as
these
proof
of
Flygstad’s, and NEI’s, retaliatory intent.”
[DE 79, p. 2].
Subsequently, the Court granted summary judgment in favor of
Nature’s Expressions on Stewart’s retaliation claim.
such,
Defendant’s
motion
to
exclude
evidence
conversations with Anderson is DENIED AS MOOT.
of
[DE 93].
As
Flygstad’s
The Court takes no
position on the admissibility of this evidence if a party attempts
to use or introduce it for another purpose.
Accordingly, for the foregoing reasons, IT IS ORDERED:
1) That the motion to exclude notes made by Jessica Anderson,
Plaintiff Frankie Anderson’s wife, is GRANTED;
2) That the motion to exclude evidence of Dale Flygstad’s
conversations with Plaintiff Frankie Anderson is DENIED AS MOOT.
This the 19th day of September, 2018.
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