Chinniah et al v. East Pennsboro Township et al

Filing 240

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT Defendants omnibus motion in limine (Doc. No. 221) is GRANTED IN PART and DENIED IN PART as follows: 1. Defendants motion in limine to preclude Girish Modi from testifying is DENIED; 2. Defendants motion in limine to preclude Jonathan Greiner from testifying as an expert witness is GRANTED to the extent that Mr. Greiner will be allowed to testify solely as a fact witness; 3. Defendants motion in limine to ex clude Plaintiff Gnana Chinniahs handwritten annotations on certain photographs of East Pennsboro Township properties is GRANTED with the exception of any handwritten residential addresses on such photographs; 4. Defendants motion in limine to exclude any photographs of East Pennsboro properties taken in 2012 and 2013 is DENIED; 5. Defendants motion in limine to exclude Plaintiffs from introducing evidence or witnesses related to his Cumberland County tax dispute is GRANTED; 6. Defendants motion in limine to preclude Plaintiffs from conducting a jury view in East Pennsboro Township is DENIED WITHOUT PREJUDICE, becausePlaintiffs have since filed a separate motion for a jury view (Doc. No. 235) which shall be the subject of a separate order; 7 . Defendants motion in limine to exclude Plaintiffs from introducing any evidence obtained since the close of discovery or used to support Plaintiffs brief in opposition to Defendants motion for summary judgment (Doc. No. 119) is DENIED; and, 8. Absent a showing at trial that evidence was destroyed, Plaintiffs are precludedfrom seeking a spoliation jury instruction or attempting to relitigate discovery disputes during trial. 221 Signed by Honorable Yvette Kane on Nov. 15, 2013. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GNANA M. CHINNIAH, et al.,
Plaintiffs
v.
EAST PENNSBORO TOWNSHIP, et al.,
Defendants

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No. 1:08-cv-01330
(Judge Kane)

ORDER
AND NOW, on this 15th day of November 2013, IT IS HEREBY ORDERED THAT
Defendants’ omnibus motion in limine (Doc. No. 221) is GRANTED IN PART and DENIED
IN PART as follows:

1.

Defendants’ motion in limine to preclude Girish Modi from testifying is
DENIED;

2.

Defendants’ motion in limine to preclude Jonathan Greiner from testifying as an
expert witness is GRANTED to the extent that Mr. Greiner will be allowed to
testify solely as a fact witness;

3.

Defendants’ motion in limine to exclude Plaintiff Gnana Chinniah’s handwritten
annotations on certain photographs of East Pennsboro Township properties is
GRANTED with the exception of any handwritten residential addresses on such
photographs;

4.

Defendants’ motion in limine to exclude any photographs of East Pennsboro
properties taken in 2012 and 2013 is DENIED;

5.

Defendants’ motion in limine to exclude Plaintiffs from introducing evidence or
witnesses related to his Cumberland County tax dispute is GRANTED;

6.

Defendants’ motion in limine to preclude Plaintiffs from conducting a jury view
in East Pennsboro Township is DENIED WITHOUT PREJUDICE, because
Plaintiffs have since filed a separate motion for a jury view (Doc. No. 235) which
shall be the subject of a separate order;
Defendants’ motion in limine to exclude Plaintiffs from introducing any evidence
obtained since the close of discovery or used to support Plaintiffs’ brief in
opposition to Defendants’ motion for summary judgment (Doc. No. 119) is
DENIED; and,

7.

8.

Absent a showing at trial that evidence was destroyed, Plaintiffs are precluded
from seeking a spoliation jury instruction or attempting to relitigate discovery
disputes during trial.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania