Pateman v. The City of White Plains et al

Filing 139

ORDER granting in part and denying in part 128 Motion in Limine; dismissing with prejudice 133 Motion in Limine. On December 22, 2021, Defendants filed their onmibus motion in limine, which contains five separate branches. (Docs. 128-130). O n January 6, 2022, Plaintiff filed his opposition. (Docs. 133-134). For the reasons set forth on the record: (I) Defendant's motion to preclude Dr. Sandra Carniciu, Dr. Jozef Debiec, Dr. Keyur Thakar, and Mr. Lany Torrisi, LCSW from testifying a s witnesses under Federal Rule of Civil Procedure 26(a)(2)(C) is GRANTED without opposition from Plaintiff; (2) Defendant's motion to preclude Dr. Shameela Chorny, Dr. John Robbins, Dr. Eric Spencer, and Dr. Steven Sullivan from testifying as wi tnesses under Federal Rule of Civil Procedure 26(a)(2)(C) is DENIED; (3) Defendant's motion to preclude Dr. Sandeep Gulati from testifying at trial is GRANTED without opposition from Plaintiff; (4) Defendant's motion to preclude Dr. Keyur T hakar from offering forensic science opinions is GRANTED without opposition from Plaintiff; (5) Defendant's motion to preclude Plaintiff from recovering economic loss damages is DENIED; and (6) Plaintiffs Sixth Claim for Relief (Negligence) as a sserted against Defendant City of White Plains, to the extent it is asserted under a failure-to-supervise the01y of liability, is dismissed with prejudice on consent of Plaintiff. A joint pretrial order was filed by the parties on June 29, 2020 and s o-oredered on March 1, 2021. (Doc. 94; Doc. 118). For the reasons set forth on the record, by January 21, 2022, the parties are directed to meet and confer and file a revised joint pretrial order containing the following revisions as further set fort h herein. By January 14, 2022 at 5:00 p.m., the parties are directed to meet and confer and file a joint summary of the case. On January 6, 2022, the parties filed their Revised Joint Proposed Jury Voir Dire. (Doc. 136-1 ). As set forth on the reco rd, the following portions of the Revised Joint Proposed Jury Voir Dire are DENIED: Defendant's proposed Introductory Statement (pp. 1-2) and Questions 12, 18, 23, 37-39, 41. The following portions of the Revised Joint Proposed Jury Voir Dire ar e GRANTED: Questions 29-32. The remainder of the questions contained in the Revised Joint Proposed Jury Voir Dire are GRANTED IN SUBSTANCE. At the conference, the Court provided the parties with copies of its voir dire questionnaire. To the extent th e parties have any objections to the questions contained therein, the parties shall notify the Court of such objections by January 14, 2022 at 5:00 p.m. The parties are now on five-days trial notice. The Clerk of the Court is respectfully directed to terminate the motion sequences pending at Doc. 128 and Doc. 133. SO ORDERED.. (Signed by Judge Philip M. Halpern on 1/13/2022) (kv)