SALLIE et al v. LYNK et al

Filing 120

MEMORANDUM ORDER denying 87 Defendants' Motion in Limine to exclude evidence of lost opportunity for a promotion without prejudice to renew at trial and directing counsel to give notice and proceed in accordance with the Memorandum Order. All as more fully set forth in the Memorandum Order. Signed by Judge David S. Cercone on 11/19/12. (mwm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MICHAEL SALLIE and MELINDA
PERKINS,

)
)
)
Plaintiffs,
)
)
vs.
)
)
BRYAN LYNK, individually and in his
)
official capacity as a Police Officer of
)
Midland Borough; BRUCE TOOCH,
)
individually and in his official capacity as a )
Police Officer of Midland Borough;
)
RONALD LUTTON, individually and in )
his official capacity as a Police Officer of )
Midland Borough; GEORGE
)
HRUBOVCAK, individually and in his
)
official capacity as a Police Officer of
)
Midland Borough; and MIDLAND
)
BOROUGH,
)
)
Defendants.
)

2:10cv456
Electronic Filing

MEMORANDUM ORDER
AND NOW, this 19th day of November, 2012, upon due consideration of defendants'
motion in limine to exclude evidence of lost opportunity for a promotion and the parties'
submissions in conjunction therewith, IT IS ORDERED that [87] the motion be, and the same
hereby is, denied without prejudice to renew on the record at trial. Although it appears that the
evidence may well be insufficient to support a recovery for such alleged economic loss, Sallie
did testify that he was in line for the promotion, he interviewed for the position and the company
had to move forward and fill the position while he was in jail. The court will permit plaintiffs to
make a full proffer on the record so that Sallie can provide any additional details underlying

these generalized statements. Defendants can then renew the motion and make further argument
based on the fully developed record. At trial, plaintiffs' counsel shall give defense counsel
advance notice of plaintiffs' intent to proffer the evidence falling within the scope of the instant
motion so that defendants may challenge its introduction outside the presence of the jury. The
court will resolve any renewed motion in the context and setting of the record as then developed.
Failure to comply with this order may result in sanctions.

s/ David Stewart Cercone
David Stewart Cercone
United States District Judge

cc:

Patrick Sorek, Esquire
Douglas C. Hart, Esquire
Charles H. Saul, Esquire
Kyle T. McGee, Esquire
(Via CM/ECF Electronic Mail)

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