Duran v. County of Clinton et al

Filing 97

ORDER (Memorandum 96 filed previously as separate docket entry) DENYING pltf's MIL 69 as MOOT & w/out prejudice to pltf's rt to refile same in event circumstances change & deft expresses intent to into expt witness testimony @ tria l; DENYING pltf's motion 79 for spoliation sanctions; GRANTING in Part & DENYING in part deft's MIL 70 ... (see Paras 4a-b for specifics); & DENYING deft's motion 93 to quash trial subpoena issued to Connie Eck. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 7/3/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
THOMAS V. DURAN,
Plaintiff
v.
COUNTY OF CLINTON,
Defendant

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CIVIL ACTION NO. 4:14-CV-2047
(Chief Judge Conner)

ORDER
AND NOW, this 3rd day of July, 2019, upon consideration of the motion (Doc.
68) in limine and the motion (Doc. 79) for spoliation sanctions filed by plaintiff
Thomas V. Duran (“Duran”), and further upon consideration of the omnibus motion
(Doc. 70) in limine and the motions (Docs. 90, 93) to quash trial subpoenas filed by
defendant County of Clinton (the “County”), and the parties’ respective briefs in
support of and opposition to each motion, and for the reasons set forth in the
accompanying memorandum, it is hereby ORDERED that:
1.

Duran’s motion (Doc. 68) in limine is DENIED as moot and without
prejudice to Duran’s right to refile same in the event circumstances
change and the County expresses an intent to introduce expert witness
testimony at trial.

2.

Duran’s motion (Doc. 79) for spoliation sanctions is DENIED.

3.

The County’s motion (Doc. 90) to quash trial subpoenas issued to Suzy
Watson and Ernie Jackson is GRANTED.

4.

The County’s omnibus motion (Doc. 70) in limine is GRANTED in part
and DENIED in part as follows:
a.

Duran may not introduce testimony, evidence, or argument
about the destruction of County emails on June 20, 2014.

b.

5.

The motion is otherwise DENIED without prejudice to the
County’s right to raise appropriate objections at trial in
accordance with the court’s accompanying memorandum.

The County’s motion (Doc. 93) to quash the trial subpoena issued to
Connie Eck is DENIED.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania