JOYCE v. POSTMASTER GENERAL, UNITED STATES POSTAL SERVICE

Filing 69

ORDER granting 47 Motion in Limine to Admit Interviewer Testimony Regarding Statements of Interviewees; granting 49 Motion in Limine to Exclude Evidence Regarding Plaintiff's Alleged Disability or Prior Protected Activity. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
KATHLEEN JOYCE,
Plaintiff,
v.
POSTMASTER GENERAL,
UNITED STATES POSTAL
SERVICE,
Defendant.

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2:10-cv-00310-JAW

ORDER ON MOTION IN LIMINE TO EXCLUDE EVIDENCE AND MOTION
TO ADMIT INTERVIEWER TESTIMONY
On April 27, 2012, the Postal Service moved to exclude evidence regarding
the Plaintiff’s alleged disability or prior protected activity.

Mot. in Limine to

Exclude Evid. Regarding Pl.’s Alleged Disability or Prior Protected Activity (Docket
# 49). On May 3, 2012, Ms. Joyce responded and represented that she has no
intention of presenting evidence on either issue. Resp. to Def.’s Mot. in Limine to
Exclude Evid. Regarding Pl.’s Alleged Disability or Prior Protected Activity (Docket
# 58).

Based on the agreement of the parties, the Court GRANTS the Postal

Service’s Motion in Limine to Exclude Evid. Regarding Pl.’s Alleged Disability or
Prior Protected Activity (Docket # 49).
On April 27, 2012, Ms. Joyce moved for an order confirming that the Postal
Service interviewers will be permitted to testify as to what other interviewees told
them during their hiring interviews. Pl.’s Mot. in Limine to Admit Interviewer Test.
Regarding Statements of Interviewees (Docket # 47). In its response, the Postal

Service acknowledges that what the interviewees told the interviewers is admissible
through the interviewers. Resp. in Opp’n to Pl.’s Mot. in Limine (Docket # 60). In
its response, the Postal Service raises two concerns. One is that Ms. Joyce intends
to testify as to what she would have told the interviewers if they had given her the
same opportunity to explain that they gave other candidates. Id. at 2-3. The second
is that Ms. Joyce seeks to admit evidence of the testimony of hired candidates as to
what they told the interviewers. Id. at 3-4. The Postal Service’s concerns about the
scope of Ms. Joyce’s and the other interviewees’ testimony go beyond the issue Ms.
Joyce raised in her motion and therefore the Court will not address them at this
time. Based on the agreement of the parties, the Court GRANTS the Plaintiff’s
Motion in Limine to Admit Interviewer Testimony Regarding Statements of
Interviewees (Docket # 47).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
CHIEF UNITED STATES DISTRICT JUDGE
Dated this 8th day of May, 2012

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