McCoy v. State of Michigan et al

Filing 112

ORDER granting in part and denying in part 103 Motion in Limine; denying 104 Motion in Limine; denying 107 Motion to Quash; denying 109 Motion to Adjourn. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FREDDIE McCOY,
Plaintiff,
Case No. 06-10837
v.
HONORABLE DENISE PAGE HOOD
STATE OF MICHIGAN and DEPARTMENT
OF CORRECTIONS,
Defendant.
_______________________________________/
ORDER
This matter is before the Court on various motions filed by the parties. Oral arguments were
held. For the reasons set forth on the record,
IT IS ORDERED that the Emergency Motion to Adjourn Trial filed by Plaintiff (Doc. No.
109, 9/10/2012) is DENIED.
IT IS FURTHER ORDERED that the Motion to Quash Improperly Served Subpoenas filed
by Defendant (Doc. No. 107, 9/10/2012) is DENIED. Defendant agreed to produce the witnesses
Defendant identified as agents for the Defendant. Defendant also agreed to make available to
receive service at the workplace the witnesses currently employed by Defendant. As to the
employees no longer employed by Defendant, Plaintiff will re-serve these individuals at their last
known address.
IT IS FURTHER ORDERED that the Motion in Limine filed by Plaintiff (Doc. No. 103,
filed 7/23/2012) is GRANTED IN PART and DENIED IN PART. Evidence of Plaintiff’s mood
disorders is excluded because Plaintiff is not seeking mental and emotional damages. Evidence
regarding the reason and punishment for Plaintiff’s disciplines prior to 2002 is excluded, but

evidence referring to active disciplines forming a basis of the decisionmaker’s consideration may
be presented without referring to the reason and punishment of the active disciplines.
IT IS FURTHER ORDERED that the Motion in Limine to Preclude Evidence of Plaintiff’s
Departure from the Wyoming Department of Corrections (Doc. No. 104, 7/23/2012) is DENIED to
show lack of mitigation of damages.

Dated: September 14, 2012

s/Denise Page Hood
DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date,
September 14, 2012, by electronic and/or ordinary mail.

s/LaShawn R. Saulsberry
Case Manager

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