BOYER v. CITY OF PHILADELPHIA et al

Filing 149

ORDER THAT DEFTS' MOTION IN LIMINE SEEKING TO EXCLUDE COMPARATOR EVIDENCE REGARDING JOHN MCCLUSKEY, JEFFREY CUJDIK, & ANGEL ORTIZ IS GRANTED PURSUANT TO FEDERAL RULES OF EVIDENE 401 AND 403. DEFTS' MOTION IN LIMINE TO EXCLUDE TESTIMONY OF CERTAIN WITNESSES IS GRANTED IN PART & DENIED IN PART AS OUTLINED HEREIN, ETC. SIGNED BY HONORABLE JAN E. DUBOIS ON 2/22/19. 2/25/19 ENTERED AND COPIES E-MAILED: COPIES MAILED TO COUNSEL AND PRO SE PLFF BY CHAMBERS ON 2/22/19.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANDRE BOYER,

CIVIL ACTION
Plaintiff,

v.
THE CITY OF PHILADELPHIA,
COMMISSIONER CHARLES RAMSEY,
Defendants.

NO. 13-6495

ORDER
AND NOW, this 22nd day of February, 2019, upon consideration of Defendants’ Motion
in Limine (Document No. 130, filed December 28, 2018) Plaintiff’s Response to Defendants’
Motion in Limine (Document Nos. 133 & 134, filed January 3 & 4, 2019), Defendants’ Motion
in Limine to Exclude Testimony of Certain Witnesses (Document No. 135, filed January 7,
2019), Plaintiff’s Response in Opposition to Defendant’s Motion in Limine to Exclude
Testimony of Certain Witnesses (Document No. 137, filed January 14, 2019), Defendants’ Reply
to Plaintiff’s Response in Opposition to Defendants’ Motion in Limine (Document No. 141, filed
January 18, 2019), and Plaintiff’s Reply in Opposition to Defendant’s Motion in Limine to
Exclud [sic] Testimony of Witnesses (Document No. 142, filed January 23, 2019), for the
reasons set forth in the accompanying Memorandum dated February 22, 2019, IT IS
ORDERED, as follows:
1. Defendants’ Motion in Limine seeking to exclude comparator evidence regarding John
McCluskey, Jeffrey Cujdik, and Angel Ortiz is GRANTED pursuant to Federal Rules of
Evidence 401 and 403.
2. Defendants’ Motion in Limine to Exclude Testimony of Certain Witnesses is
GRANTED IN PART AND DENIED IN PART, as follows:

a. That part of defendants’ motion seeking to exclude the testimony of Angel Ortiz,
John Snyder, and Raymond Evers is GRANTED pursuant to Federal Rule of
Evidence 401.
b. That part of defendants’ motion seeking to exclude the testimony of Michael
Vargas and Milord Celce is GRANTED pursuant to Federal Rules of Evidence
401 and 404.
c. That part of defendants’ motion seeking to exclude the testimony of Christopher
Flacco is GRANTED pursuant to Federal Rules of Evidence 401 and 403.
d. That part of defendants’ motion seeking to exclude John Hargraves’s testimony
regarding the admissibility of testimony of coworkers, the improper filing of
dismissal paperwork, and specific instances of Commissioner Ramsey lying under
oath is GRANTED pursuant to Federal Rules of Evidence 401 and 608.
e. A ruling on that part of defendants’ motion seeking to exclude John Hargraves’s
testimony as it relates to “wrongful termination practices” is DEFERRED.
f. That part of defendants’ motion seeking to exclude the testimony of
Commissioner Richard Ross is DENIED.
3. The rulings in this Order cover only the proffered testimony of witnesses and other
evidence which plaintiff argued should be admitted in his case-in-chief. The rulings do not cover
any appropriate rebuttal testimony or other evidence and are WITHOUT PREJUDICE to the
right of the parties to seek reconsideration at trial if warranted by the evidence and the law as
stated in the attached Memorandum.
BY THE COURT:
/s/ Hon. Jan E. DuBois
DuBOIS, JAN E., J.
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