Scopelliti v. Traditional Home Health and Hospice

Filing 125

ORDER: IT IS HEREBY ORDERED THAT: 1.Defendants Motion in Limine to Preclude Plaintiff from Introducing Statements Allegedly made by Co-Workers Regarding her Separation from Employment and/or Workplace Discrimination (Doc. 91) is DENIED WITHOUT PREJUD ICE. 2.Defendants Motion in Limine to Preclude Plaintiffs Claim for Back Pay Damages (Doc. 93) is DENIED WITHOUT PREJUDICE. 3.Defendants Motion in Limine to Preclude Plaintiffs Claim for Punitive Damages (Doc. 95) is GRANTED IN PART AND DENIED IN PAR T as follows:a.Plaintiff is precluded from recovering punitive damages for her claims of retaliation under the ADA/ADAAA and FMLA.b.Defendants motion is denied in all other respects. 4.Defendants Motion in Limine to Preclude Plaintiffs Claim for Emot ional Distress Damages (Doc. 97) is GRANTED IN PART AND DENIED IN PART as follows:a.Plaintiff is precluded from recovering emotional distress damages for her claims of retaliation under the ADA/ADAAA and FMLA.b.Defendants motion is denied in all othe r respects.5.Defendants Motion in Limine to Preclude Testimony of Plaintiffs Treating Physicians (Doc. 99) is GRANTED as follows: Plaintiffs treating physicians, having been offered by Plaintiff as lay witnesses, and not as experts, will be limited to testimony regarding their diagnosis and treatment of Plaintiff and will not be permitted to offer expert opinions as to the cause of her injuries or her prognosis. Signed by Honorable Robert D. Mariani on 9/24/21 (jam)

IN THE UNITED ST ATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DINA SCOPELLITI,
Plaintiff,
3:18-CV-40
(JUDGE MARIANI)

V.

TRADITIONAL HOME HEALTH
AND HOSPICE
Defendant.

forth in this Court's accompanying memorandum opinion, IT 15 HEREBY ORDERED THAT:
1. Defendant's "Motion in Limine to Preclude Plaintiff from Introducing Statements
Allegedly made by Co-Workers Regarding her Separation from Employment
and/or Workplace Discrimination" (Doc. 91) is DENIED WITHOUT PREJUDICE.
2. Defendant's "Motion in Limine to Preclude Plaintiff's Claim for Back Pay
Damages" (Doc. 93) is DENIED WITHOUT PREJUDICE.
3. Defendant's "Motion in Limine to Preclude Plaintiff's Claim for Punitive Damages"
(Doc. 95) is GRANTED IN PART AND DENIED IN PART as follows:
a. Plaintiff is precluded from recovering punitive damages for her claims of
retaliation under the ADA/ADAM and FMLA.
b. Defendant's motion is denied in all other respects.

4. Defendant's "Motion in Limine to Preclude Plaintiffs Claim for Emotional Distress
Damages" (Doc. 97) is GRANTED IN PART AND DENIED IN PART as follows:
a. Plaintiff is precluded from recovering emotional distress damages for her
claims of retaliation under the ADA/ADAAA and FMLA.
b. Defendant's motion is denied in all other respects.
5. Defendant's "Motion in Limine to Preclude Testimony of Plaintiffs Treating
Physicians" (Doc. 99) is GRANTED as follows : Plaintiffs treating physicians,
having been offered by Plaintiff as lay witnesses, and not as experts,1 will be
limited to testimony regarding their diagnosis and treatment of Plaintiff and will
not be permitted to offer expert opinions as to the cause of her injuries or her
prognosis.

1 (See

Doc. 110, at 2) .
2