"R.D" v. Shohola Camp Ground and Resort

Filing 340

ORDER granting motions in limine 303 , 307 , 314 , 318 , 320 . All parties are instructed to tender proposed voir dire questions to the court on or before November 14, 2019, and these voir dire questions can be taken up at the pre-trial conference. Signed by Magistrate Judge Martin C. Carlson on November 1, 2019. (kjn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
“R.D.,”
Plaintiff,
v.
SHOHOLA, INC.,
Defendant.

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Civil No. 3:16-CV-01056

(Magistrate Judge Carlson)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
The plaintiff, “R.D.,” commenced this action on June 3, 2016, alleging that
the defendant, Shohola, Inc., is liable to him for the injuries he incurred when he was
sexually assaulted on one of the defendant’s overnight camping trips. The parties are
currently preparing for trial on the remaining negligence claims in this lawsuit. As
trial approaches the parties have filed some 28 motions in limine, including one
motion filed by the plaintiff, (Doc. 301), and 27 motions submitted by the defendant.
(Docs. 302-327).
In order to prescribe an orderly process for the resolution of these motions,
and aid the parties in their trial preparations, we provided the parties with some initial
guidance, advising the parties that our preliminary review of these motions
suggested that some motions related to matters which seemed to readily be the

subject of agreement between the court and the parties. Therefore, we instructed the
parties to confer regarding the pending motions in order to identify those motions
which may not require full briefing and report to the court regarding the status of
these motions on November 1, 2019.
We have now received this report. (Doc. 339). In accordance with what we
understand to be the agreement of the parties, and consistent with our own views of
the law, IT IS ORDERED as follows:
First, defendant’s motion in limine Number 2, (Doc. 303), which seeks to
preclude reference at trial to settlement negotiations, is GRANTED and all parties,
attorneys, witnesses, agents and anyone else are barred from discussing, mentioning,
alluding or referring in any manner to settlement negotiations among the parties to
this case or the absence of any settlement negotiations in this case during voir dire
and before the jury at any time.
Second, defendant’s motion in limine Number 6, (Doc. 307), which seeks to
preclude reference to delays in this case proceeding to trial, is GRANTED and all
parties, attorneys, witnesses, agents and anyone else are hereby barred from
suggesting, inferring, or alluding to the jury in any way that any party delayed or
sought to delay the trial in this case for any reason, including but not limited to the
motion practice in this Court regarding the deposition of Gary Trobe and Shohola’s
appeal to the U.S. Court of Appeals for the Third Circuit regarding that deposition.
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Third, defendant’s motion in limine Number 12, (Doc. 314), which seeks to
preclude parties from comparing plaintiff’s alleged injuries to property damage of
any kind, is GRANTED and all parties, attorneys, witnesses, agents and anyone else
are hereby barred from are hereby barred from making any statement during jury
selection, opening statements, closing argument, or any other time in the presence
of the jury comparing plaintiff’s alleged injuries to property damage of any kind.
Fourth, defendant’s motion in limine Number 16, (Doc. 318), which seeks to
prohibit the introduction, either before or during the trial of this case, of any
evidence, testimony, suggestion, remark, argument, or innuendo concerning other
claims and/or lawsuits against Shohola, is GRANTED and all parties, attorneys,
witnesses, agents and anyone else are hereby barred from referring, either before or
during the trial of this case, to any evidence, testimony, suggestion, remark,
argument, or innuendo concerning other claims and/or lawsuits against Shohola.
Fifth, defendant’s motion in limine Number 18, (Doc. 320), which seeks to
prohibit the introduction, either before or during trial of this case and for any purpose
whatsoever, of any media report in any format discussing this action, is GRANTED
and all parties, attorneys, witnesses, agents and anyone else are hereby barred from
referring, either before or during trial of this case and for any purpose whatsoever,
of any media report in any format discussing this action.

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Further, a number of these motions in limine, specifically motions Number 10
and 15, appear to relate, in part, the voir dire that will be conducted in this case.
(Docs. 311, 317). To the extent that the motions seek to limit commentary on various
matters by counsel at voir dire, the parties are advised that the court will conduct
voir dire in the case drawing upon the proposed questions tendered by the parties.
Therefore, these motions are DEFERRED to the extent that they prescribe the scope
and nature of voir dire. Instead, all parties are instructed to tender proposed voir dire
questions to the court on or before November 14, 2019, and these voir dire questions
can be taken up at the pre-trial conference.
So ordered this 1st day of November 2019.
S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge

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