DECICCO v. MID-ATLANTIC HEALTHCARE, LLC

Filing 34

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. IT IS FURTHER ORDERED THAT PRETRIAL MEMORANDA AND MOTIONS IN LIMINE ARE DUE 1/9/2018. A FINAL PRETRIAL CONFERENCE IS SET FOR 3/6/2018 AT 11:00AM IN CHAMBERS BEFORE HONORABLE MITCHELL S. GOLDBERG. THE CASE IS LISTED FOR TRIAL ON 3/31/2018 AT 9:00AM BEFORE THE HONORABLE MITCHELL S. GOLDBERG. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/27/2017. 7/27/2017 ENTERED AND COPIES MAILED, E-MAILED.(kp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________________
:
LOUIS DeCICCO,
:
CIVIL ACTION
:
Plaintiff,
:
:
v.
:
No. 14-2933
:
MID-ATLANTIC HEALTHCARE, LLC,
:
:
Defendant.
:
____________________________________________:
ORDER
AND NOW, this 27th day of July, 2017, upon consideration of Defendant, Mid-Atlantic
Healthcare, LLC’s “Motion for Summary Judgment” (Doc. Nos. 26, 27), Plaintiff’s Response in
Opposition thereto (Doc. No. 28), Defendant’s Reply (Doc. No. 29), and Plaintiff’s Surreply
(Doc. No. 32), and for the reasons set forth in this Court’s accompanying Memorandum Opinion,
it is hereby ORDERED that Defendant’s Motion for Summary Judgment is GRANTED in part
and DENIED in part as follows:
-

The Motion is GRANTED as to Count I (age discrimination under the ADEA).
JUDGMENT is entered in favor of Defendant on Count I;

-

The Motion is DENIED as to Count II (FMLA retaliation and FMLA interference);

-

The Motion is GRANTED as to Count III (age discrimination under the PHRA).
JUDGMENT is entered in favor of Defendant on Count III; and

-

The Motion is GRANTED such that Plaintiff’s request for punitive damages is
DISMISSED.

IT IS FURTHER ORDERED that:
1.

On or before Tuesday, December 19, 2017, counsel for each party shall serve
upon counsel for every other party:
(a)

a copy of each exhibit the party expects to offer at trial, together with an
index of all trial exhibits; and

(b)
2.

proposed stipulations.

No later than Tuesday, January 9, 2018, the parties shall file their pre-trial
memoranda and motions in limine. The pretrial memoranda shall be prepared in
conformance with Local Rule of Civil Procedure 16.1(c), and shall also include
the following information:
(a)

the identity of each fact witness, liability and damages, to be called at trial
with a brief statement of the nature of the expected testimony (witnesses
not listed may not be called by that party in its case-in-chief);

(b)

the identity of each expert witness to be called at trial with a brief
statement of each opinion to be offered by the expert;

(c)

designation of videotaped trial testimony and deposition testimony to be
offered at trial;

(d)

a list of each item of monetary damages claimed, including, as
appropriate, computations of lost earnings and loss of future earning
capacity, medical expenses, property damages, and any other economic
loss; or, if relief other than monetary damages is sought, information
adequate for framing an order granting the relief sought;

(e)

stipulations, if any;

(f)

objections to and the grounds for the objections to the admissibility of any
item of evidence including exhibits expected to be offered by another
party;

(g)

any party objecting to deposition testimony shall file the objections,
setting forth the page and line numbers of the challenged testimony and a
clear statement for the basis for each objection. The objecting party must
provide the Court with a copy of the portions of the deposition transcript
with the challenged testimony highlighted; and

(h)

a statement of any anticipated legal issues on which the Court will be
required to rule.

3.

Responses to motions in limine, if any, shall be filed no later than Tuesday,
January 30, 2018.

4.

No later than Tuesday, February 13, 2018, the parties shall file joint proposed
jury instructions on substantive issues and proposed verdict forms or special
interrogatories to the jury. Each party also shall file proposed jury instructions,
verdict forms or special interrogatories on those issues not agreed upon by the
parties. Each jury instruction shall be submitted on a separate sheet of paper,
double-spaced, with references to citations and pattern jury instructions where
appropriate.

5.

Prior to the final pre-trial conference, counsel shall confer regarding stipulations
and exhibits. Counsel shall resolve, if possible, objections to exhibits and
witnesses.

13.

A final pre-trial conference will be held on Tuesday, March 6, 2018 at 11:00
a.m. in Chambers. Counsel shall supply the Court with a tabbed exhibit binder
and exhibit index. Additional binders shall also be prepared for the Deputy Clerk
and for use with witnesses.

14.

At the final pre-trial conference, counsel shall be prepared to argue pending
motions in limine and objections to witnesses and exhibits.

15.

This case will be listed for trial on Monday, March 12, 2018 at 9:00 a.m., in a
Courtroom to be assigned. Counsel and all parties shall be prepared to commence
trial on that date. All counsel are attached for trial.

BY THE COURT:
/s/ Mitchell S. Goldberg
____________________________
MITCHELL S. GOLDBERG, J.