Marquez-Marin v. Lynch

Filing 230

ORDER ON DEFENDANT'S MOTION IN LIMINE TO EXCLUDE EVIDENCE, ARGUMENT, OR COMMENT REGARDING PLAINTIFF'S IDENTIFICATIONS dismissing 173 Motion in Limine Signed by Judge John Woodcock, Jr on 8/11/2021. (tcs)

Case 3:16-cv-01706-JAW-JCN Document 230 Filed 08/11/21 Page 1 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF PUERTO RICO
CARMEN MÁRQUEZ-MARÍN,
Plaintiff,
v.
MERRICK GARLAND, Attorney
General of the United States,
Defendant.

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No. 3:16-cv-01706-JAW

ORDER ON DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
EVIDENCE, ARGUMENT, OR COMMENT REGARDING PLAINTIFF’S
IDENTIFICATIONS
On April 13, 2016, Carmen Márquez-Marín, an Assistant United States
Attorney (AUSA) at the United States Attorney’s Office (USAO) for the District of
Puerto Rico, filed a complaint against the United States Attorney General, alleging
that the United States Department of Justice (DOJ) retaliated against her for her
prior Equal Employment Opportunity (EEO) Act activity and created a hostile work
environment, failed to provide her with reasonable accommodations for her disability,
and discriminated against her due to her disability. 1 Compl. (ECF No. 1). On
April 18, 2019, the DOJ moved for summary judgment, Def.’s Mot. for Summ. J. (ECF
No. 92), which, on May 26, 2020, the Court denied in a two hundred twenty-four-page
order, Order on Mot. for Summ. J. (ECF No. 155). On October 14, 2020, the Court
held a pretrial conference, Min. Entry (ECF No. 175), and the next day, the Court
The Court interchangeably refers to the Defendant as the Attorney General, the DOJ, and the
USAO as the context requires.

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issued a final pretrial order, setting the deadlines for pretrial motions, Report of Final
Pretrial Conference and Order (ECF No. 176).

Due to the ongoing COVID-19

pandemic, the Court has not yet set a trial date. 2
In anticipation of trial, on October 13, 2020 the DOJ filed a motion in limine
seeking to exclude evidence, argument, or comment regarding AUSA MárquezMarín’s proposed trial exhibits. Def.’s Mot. in Lim. to Exclude Evid., Argument, or
Comment Regarding Pl.’s Identifications (ECF No. 173). The motion is a compilation
of the DOJ’s objections to AUSA Márquez-Marín’s proposed trial exhibits.

On

November 9, 2020, AUSA Márquez-Marín responded in opposition. Pl.’s Opp’n to the
Fifth Mot. in Lim. Presented by Def. (ECF No. 185). On November 16, 2020, the DOJ
replied to AUSA Márquez-Marín’s response. Def.’s Reply to Pl.’s Resp. to Def.’s Mot.
in Lim. to Exclude Evid., Argument, or Comment Regarding Pl.’s Identifications (ECF
No. 196).
The Court has reviewed the DOJ’s objections and finds two problems with the
DOJ’s request to exclude AUSA Márquez-Marín’s proposed trial exhibits at this time.
First, the parties have not provided the Court with many of the actual exhibits, and
the Court cannot rule on exhibits that it has not seen. Second, the majority of the
objections are based on relevancy and hearsay, while other objections are based on
authenticity or lack of personal knowledge. The Court concludes that it is better to
rule on the objections at trial, when the Court can consider the purpose and context

The Court assumes familiarity with the factual background of this case, and thus recites only
the relevant procedural history in this order. For an exhaustive account of the factual allegations,
readers should refer to the Court’s summary judgment order. See Order on Mot. for Summ. J. at 4202 (ECF No. 155).
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of the evidence. Therefore, the Court notes AUSA Márquez-Marín’s objections and
will address them in an evidentiary context as they may arise at trial.
IV.

CONCLUSION
The Court DISMISSES without prejudice the United States Attorney

General’s Motion in Limine to Exclude Evidence, Argument, or Comment Regarding
Plaintiff’s Identifications (ECF No. 173).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 11th day of August, 2021

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