Northrop v. Safeway Inc

Filing 77

MINUTE ORDER granting in part, denying in part, and deferring in part Plaintiff's 69 Motion in Limine ; granting in part, denying in part, and deferring in part Defendant's 70 Motion in Limine. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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LORAN G. NORTHROP,

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Plaintiff,
C16-350 TSZ
v.
MINUTE ORDER
SAFEWAY INC.,

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Defendant.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
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(1)
Plaintiff’s motion in limine, docket no. 69, is GRANTED in part, DENIED
in part, and DEFERRED in part as follows:
A.
Motion to exclude evidence related to possible “bed bug” infestation
at the group home in which plaintiff resided is DEFERRED to the Pretrial
Conference.
B.
Motion to exclude evidence about “Jane” (who plaintiff testified was
his girlfriend or wife and died in childbirth when plaintiff was 22 years old) is
DENIED.
C.
Motion to exclude evidence related to an allegation that plaintiff
engaged in sexual harassment in the fall of 2014 is DENIED.
D.
Motion to exclude evidence regarding plaintiff’s unrelated litigation is
GRANTED in part as to litigation involving the Washington State Convention
Center because the events are too remote and the evidence must be excluded under
Federal Rule of Evidence 403. This motion is otherwise DENIED.
E.
Motion to exclude opinion evidence regarding the character of Brett
Dow is STRICKEN as moot.

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MINUTE ORDER - 1

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F.
Motion to exclude evidence regarding plaintiff’s disputed diagnosis of
schizophrenia/schizoaffective disorder is DEFERRED to the Pretrial Conference.
G.
Motion to exclude evidence regarding plaintiff’s medical conditions
unrelated to this litigation is DENIED.
H.
Motion to exclude evidence regarding a 2003 incident involving
plaintiff and a Seattle Center co-worker is GRANTED for the same reasons as
stated in paragraph 1(D), above.

(2)
Defendant’s motion in limine, docket no. 70, is GRANTED in part,
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A.1. Motion to exclude evidence regarding race or national origin based
animus on the part of Han Li is DENIED.

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A.2. Motion to exclude Meridith Winterfeld’s testimony regarding
disability-based discrimination that she allegedly suffered is DEFERRED to the
Pretrial Conference.
A.3. Motion to exclude testimony regarding Brett Dow’s placement of
disabled persons in “low level” jobs is (i) DEFERRED to the Pretrial Conference as
to plaintiff’s testimony; (ii) DEFERRED to the Pretrial Conference as to
Winterfeld’s testimony; and (iii) DENIED as to Dow’s testimony.
B.
Motion to exclude evidence of plaintiff’s and co-workers’ subjective
beliefs and opinions regarding plaintiff’s job performance is GRANTED except as
to plaintiff’s supervisors.
C.
Motion to exclude testimony from witnesses not disclosed in
plaintiff’s initial disclosures or responses to discovery is GRANTED in part as to
Paul K. Pawlowski, M.D. and Ashley R. Sholes, M.D. This motion is otherwise
DEFERRED to the Pretrial Conference.
(3)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 17th day of May, 2017.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2