SCOVIL et al v. FEDEX GROUND PACKAGE SYSTEM INC

Filing 179

ORDER ON MOTIONS IN LIMINE granting 155 Motion in Limine ; granting 156 Motion in Limine. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
WAYNE SCOVIL,

ET AL.,

PLAINTIFFS
v.
FEDEX GROUND PACKAGE
SYSTEM, INC. d/b/a FedEx
Home Delivery,
DEFENDANT

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NO. 1:10-CV-515-DBH

ORDER ON MOTIONS IN LIMINE
The plaintiffs’ two motions in limine to exclude the defendant’s experts
are GRANTED.
Motion in Limine to Exclude the Testimony of Satish Jindel (ECF
No. 156). The testimony of Satish Jindel as to why the defendant exerts control
over its drivers is not relevant to the issues that determine whether the drivers
are employees or independent contractors. (I addressed what those issues are
in my order on class certification (ECF No. 137).)

Moreover, even if it were

relevant, it is factual testimony that could be given by the defendant’s
personnel, and there is no need for expert testimony about it.
Motion in Limine to Exclude the Testimony of James E. Scapalleto
(ECF No. 155).

The testimony of James E. Scapalleto about what safety

regulations require and what other motor carriers do is likewise not relevant to
the issue whether the plaintiffs are independent contractors or employees.

SO ORDERED.
DATED THIS 15TH DAY OF NOVEMBER, 2012
/s/D. Brock Hornby
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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