Song et al v. 47 Old Country Road, Inc. et al
MEMORANDUM AND ORDER granting in part and reserving decision in part; re 149 Motion in Limine. Upon consideration of the documents before the court, as well as the court's familiarity with this matter, the court rules as follows: The court g rants the motion to preclude Defendants from eliciting any evidence relating to Plaintiffs immigration status. Such evidence is completely irrelevant both to Plaintiffs' claims and credibility, and any such inquiry could be highly prejudicial. A ccordingly, no such evidence shall be elicited at trial. The court makes the same ruling with respect to Plaintiffs' tax filings. Such information is equally irrelevant to the issue of whether Plaintiffs were properly compensated for hours work ed, and no reference thereto will be allowed at trial. The court reserves decision as to whether Plaintiffs are entitled to particular jury instructions or adverse inferences to be drawn with respect to the alleged failure to produce evidence of cash records. Such evidence is certainly relevant to establishing a claim under the FLSA. At this point, the court does not know whether this element of Plaintiffs' FLSA claims is conceded. If it is not, the court will rule on whether Plaintiffs ar e entitled to an instruction on this issue after development of facts, and any necessary legal argument to be made at trial. The court also reserves decision with respect to the relevance and admissibility of any video footage from the salons, as wel l as the proper scope of any examination as to this issue. Ifsuch footage is sought to be introduced, the court will determine whether, as alleged by Plaintiffs, it was selectively produced. The court will also determine whether any such footage will be admitted to evidence, and the proper scope of cross-examination with respect thereto. The court reserves for trial its decision as to any other motions in limine. The court encourages counsel to confer as to issues of admissibility prior to trial to allow for the orderlyintroduction of evidence. The court reminds the parties that it will not allow the introduction of any evidence not exchanged during the course of discovery.Jury selection will, as previously noted, commence on March 14, 2012 at 9:00 a.m.( Ordered by Senior Judge Leonard D. Wexler on 3/8/2012.) (Fagan, Linda)
IN CLERK'S OFFICE
U.S. DISTRICT COURT e.D.N.Y.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
DE PING SONG, YANG J
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