DOMENICO v. COLONIAL USED AUTO SALES INC. et al

Filing 54

ORDER (memorandum filed previously as separate docket entry)the defendants motion in limine to limit the scope of Sandra Christiane Kathleen Domenicos (Mrs. Domenico) testimony, (Doc. 41), is GRANTED. the plaintiffs motions in limine to exclude evidence that a lack of work was a justification for his firing and to exclude certain character evidence, (Doc. 43), is GRANTED IN PART and DENIED IN PART. (See order for full details).Signed by Honorable Malachy E Mannion on 9/29/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LOUIS J. DOMENICO III,

:

Plaintiff

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v.

:

COLONIAL USED AUTO SALES
INC., RALPH VECCHIO SR.,
RALPH VECCHIO, JR., TERRY
VECCHIO, and MARGUERITE
VECCHIO
Defendants

CIVIL ACTION NO. 3:15-0530
(JUDGE MANNION)

:
:
:
:

ORDER
For the reasons stated in the court’s memorandum issued this same
day, IT IS HEREBY ORDERED THAT the defendants’ motion in limine to limit
the scope of Sandra Christiane Kathleen Domenico’s (“Mrs. Domenico”)
testimony, (Doc. 41), is GRANTED and her testimony shall be limited to the
following issues:
1.

Recommendations made by Mrs. Domenico that plaintiff see a
psychologist;

2.

Nonprivileged communications with Mr. And Mrs. Ertle; and

3.

Observations of plaintiff during the times he alleges defendants
harassed and retaliated against him.

IT IS FURTHER ORDERED THAT the plaintiff’s motions in limine to
exclude evidence that a “lack of work” was a justification for his firing and to
exclude certain character evidence, (Doc. 43), is GRANTED IN PART and
DENIED IN PART as follows:
1.

Plaintiff’s motion to exclude evidence that a “lack of work” was a
justification for defendants’ employment action against him is
DENIED;

2.

Plaintiff’s motion to exclude evidence of an altercation with former
co-worker Frederick Hagman is DENIED;

3.

Plaintiff’s motion to exclude evidence of his past criminal history,
specifically his 2007 harassment conviction, is GRANTED and
said evidence shall be excluded both substantively and as
impeachment;

4.

Plaintiff’s motion to exclude evidence concerning his relationship
with his children is GRANTED;

5.

Plaintiff’s motion to exclude evidence regarding his alleged
alcohol usage is GRANTED; and

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6.

Plaintiff’s motion to exclude evidence of derogatory statements
made to female African American customers while working at
Colonial Used Auto Sales Inc. is GRANTED at this time.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Date: September 29, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-0530-01-order.wpd

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