Cardoso v. Holder Construction Company et al

Filing 83

ORDER granting in part and denying in part 73 Motion in Limine; granting in part and denying in part 74 Motion in Limine; granting in part and denying in part 75 Motion in Limine; granting in part and denying in part 76 Motion in Limine. Signed by Honorable Patrick Michael Duffy on August 3, 2017.(jmcg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Rene Cardoso,

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Plaintiff,
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C.A. No.: 2:16-cv-1058-PMD
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v.
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ORDER
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Mitchell Mechanical, LLC,
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Defendant.
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This matter is before the Court on four motions in limine (ECF Nos. 73–76). In order to
provide timely assistance to the parties in advance of trial, the Court summarily 1 addresses those
motions as follows:
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All evidence relating to Plaintiff’s immigration status is excluded.
All evidence relating to Plaintiff’s failure to file tax returns is excluded.
All evidence relating to Plaintiff’s use of a false social security number as it relates to his
lost earnings is excluded.
To the extent that Plaintiff’s immigration status precludes him from being licensed as an
electrician, Plaintiff’s experts may not use an electrician’s earnings as a basis for future
lost earnings. Instead, only his earnings as an electrician’s helper can be considered.
Mr. Thompson’s opinions are not excluded to the extent that his critiques of Ms. SawyerLittle’s life care plan are based on an underlying fact. However, his speculative opinions
that do not appear to be based on any underlying facts are excluded.

The Court will give both sides an opportunity to amend their experts’ reports in accordance
with this order, and any such amendments shall be exchanged and filed with the Court by close of
business on Monday, August 14.
AND IT IS SO ORDERED.

August 3, 2017
Charleston, South Carolina
1. Any further rulings concerning the parties’ motions in limine and any other pre-trial matters that could delay the
prompt beginning of trial on Monday, August 21, will occur at a 2:00 PM hearing on Friday, August 18. Should this
hearing be unnecessary, the parties shall notify the Court accordingly.