Wilks v. BNSF Railway Company

Filing 259

ORDER by Magistrate Judge Kimberly E. West granting 153 Motion in Limine. (adw, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
SAMANTHA WILKS,
Plaintiff,
v.
BNSF RAILWAY COMPANY,
a corporation,
Defendant.

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Case No. CIV-18-080-KEW

O R D E R
This matter comes before the Court on Defendant’s Twelfth
Motion in Limine (Docket Entry #153).

Defendant BNSF Railway

Company (“BNSF”) seeks to preclude Plaintiff from introducing
evidence or argument on BNSF’s alleged practice producing a list
of

BNSF

employees

dismissal.

it

was

“targeting”

or

“blacklisting”

for

The source of this information was David Rangel – an

expert employed by Plaintiff - quoting two of his sons who were
former employees of BNSF. By prior Opinion and Order, Mr. Rangel’s
testimony has been excluded from the trial of this case as failing
to meet the rigors of Daubert v. Merrell Dow Pharmaceuticals, Inc.,
509 U.S. 579 (1993).

Certainly, such evidence is irrelevant to

the issues of this case under Fed. R. Evid. 402 and its unfair
prejudice that it imposes upon BNSF is outweighed by any probative
value of such evidence. Moreover, the foundation for its existence
is unduly suspect.

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IT IS THEREFORE ORDERED that Defendant’s Twelfth Motion in
Limine (Docket Entry #153) is hereby GRANTED, in relation to any
evidence or argument pertaining to BNSF’s alleged “targeting” or
“blacklisting” of its employees.
IT IS SO ORDERED this 31st day of March, 2021.

______________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE

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