Kozlowski v. Peak Resorts, Inc. et al

Filing 75

ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED THAT:1. Plaintiffs failure to specifically plead relief in the form of punitive damages in his Amended Complaint (Doc. 24) does not foreclose his ability to seek an a ward of punitive damages based on his claim for Gross Negligence/Recklessness;2. Plaintiffs request for financial discovery (Docs. 50, 63) is DENIED pursuant to Federal Rule of 16(b)(4);3. At the trial of the above-captioned matter, Plaintiff is not required to produce evidence of Defendants wealth to pursue relief in the form of punitive damages.Signed by Honorable Robert D. Mariani on 5/13/20. (jam)

Case 3:18-cv-00353-RDM Document 75 Filed 05/13/20 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMES KOZLOWSKI,
v.

Plaintiff,

JFBB SKI AREAS, INC., d/b/a
JACK FROST and BIG BOULDER
SKI RESORTS,
Defendant.

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CIVIL ACTION NO. 3:18-CV-353
(JUDGE MARIANI)

ORDER
AND NOW, THIS 13TH DAY OF MAY 2020, for the reasons set out in the
simultaneously filed Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. Plaintiff’s failure to specifically plead relief in the form of punitive damages in his
Amended Complaint (Doc. 24) does not foreclose his ability to seek an award of
punitive damages based on his claim for Gross Negligence/Recklessness;
2. Plaintiff’s request for financial discovery (Docs. 50, 63) is DENIED pursuant to
Federal Rule of 16(b)(4);
3. At the trial of the above-captioned matter, Plaintiff is not required to produce
evidence of Defendant’s wealth to pursue relief in the form of punitive damages.

___s/ Robert D. Mariani________________
Robert D. Mariani
United States District Judge