Keslosky v. Borough of Old Forge et al

Filing 194

ORDER THAT Defendant's motion is GRANTED IN PART AND DENIED IN PART, as follows: 1. Defendant's motion to preclude testimony regarding the settlement of civil action Kes/osky v. Old Forge Borough, et al. (3:93-cv-1751) is DEFERRED pending a hearing on the issues outlined by the Court in the accompanying memorandum opinion. A hearing on Defendant's first motion in limine shall be held on Monday, September 28, 2015, following jury selection and prior to the parties' opening sta tements. 2. Defendant's motion to preclude evidence regarding lost wages after September 10, 2004 is GRAN"rED IN PART AND DENIED IN PART: a. Plaintiff will not be permitted to offer any evidence to support aclaim of lost wages which would h ave derived from work as a police officer at any time after June 30, 1999. b. Plaintiff may attempt to introduce evidence to support aclaim for lost wages as of the date of his request to return to work following the completion of his military servic e in August, 2004, for any non-police officer position as to which he can establish he was qualified to perform in accordance with 38 U.S.C. § 4313{a){4). 3.Defendant's motion to preclude testimony regarding the criminal convictions of Lawrence Semenza and James Krenitsky is GRANTED. 4. Defendant shall file of record the 1997 settlement agreement from civil action 3:93cv-1751 on or before Monday, September 21,2015.Signed by Honorable Robert D. Mariani on 8/28/15. (jfg)

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MICHAEL KESLOSKY,

Plaintiff
3:08·CV·1240
(JUDGE MARIANI)

v.
BOROUGH OF OLD FORGE,
Defendant

ORDER
AND NOW,

THIS~ DAY OF AUGUST, 2015, upon consideration of

Defendant Borough of Old Forge's Motions in Limine (Doc. 176) and all accompanying
briefs, IT IS HEREBY ORDERED THAT Defendant's motion is GRANTED IN PART AND
DENIED IN PART, as follows:

1. Defendant's motion to preclude testimony regarding the settlement of civil action

Kes/osky v. Old Forge Borough, et al. (3:93-cv-1751) is DEFERRED pending a
hearing on the issues outlined by the Court in the accompanying memorandum
opinion. A hearing on Defendant's first motion in limine shall be held on Monday,
September 28, 2015, following jury selection and prior to the parties' opening
statements.
2. Defendant's motion to preclude evidence regarding lost wages after September 10,
2004 is GRAN"rED IN PART AND DENIED IN PART:

a. Plaintiff will not be permitted to offer any evidence to support aclaim of lost
wages which would have derived from work as a police officer at any time
after June 30, 1999.
b. Plaintiff may attempt to introduce evidence to support a claim for lost wages
as of the date of his request to return to work following the completion of his
military service in August, 2004, for any non-police officer position as to which
he can establish he was qualified to perform in accordance with 38 U.S.C. §
4313{a){4).
3. Defendant's motion to preclude testimony regarding the criminal convictions of
Lawrence Semenza and James Krenitsky is GRANTED.
4. Defendant shall file of record the 1997 settlement agreement from civil action 3:93­
cv-1751 on or before Monday, September 21,2015.

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