Sanchez v. Duke

Filing 85

MINUTE ORDER granting in part, denying in part, and deferring in part plaintiff's 74 MOTION IN LIMINE; denying in part and deferring in part defendant's 72 MOTION IN LIMINE; deferring defendant's 73 MOTION To Excuse Potential Jurors From Viewing The "Unconscious Bias" Video. Authorized by Judge Thomas S. Zilly. (SWT)

1
2
3
4
5

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

6
7

JENNIFER SANCHEZ,

8

Plaintiff,

9

v.

10

C17-1353 TSZ

KEVIN K. McALEENAN, Acting
Secretary, United States Department of
Homeland Security, Immigration and
Customs Enforcement, 1

11
12

Defendant.

13
14
15
16

MINUTE ORDER

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Plaintiff’s motion in limine, docket no. 74, is GRANTED in part, DENIED
in part, and DEFERRED in part as follows:
1.

Motion to exclude evidence not disclosed prior to close of discovery
is DEFERRED and the parties should be prepared to identify any
such evidence at the Pretrial Conference;

2.

17

Motion to exclude evidence of discipline imposed against
Immigration and Customs Enforcement (“ICE”) agents after plaintiff
initiated this lawsuit is DEFERRED to the Pretrial Conference;

18
19
20
21
1

The Clerk is DIRECTED to correct the docket to reflect the correct spelling of the Acting

22 Secretary’s last name.
23
MINUTE ORDER - 1

1

3.

Motion to exclude reference to related administrative decisions
including those made by the Merit Systems Protection Board and/or
the Equal Employment Opportunity Commission is GRANTED;

4.

Motion to exclude evidence related to any driving under the
influence (“DUI”) allegations and/or DUI-related charges against
plaintiff prior to March 18, 2014, is DENIED;

5.

Motion to exclude untimely disclosed expert opinions of William
Partin contained in his supplemental report is DENIED; motion to
exclude testimony beyond the scope of the individual’s expertise is
DEFERRED to trial;

6.

Stipulated motion to exclude the testimony of Melissa Tillet, any
reference to statements made by Tillett, and any documents
produced by or obtained from Tillett is GRANTED;

7.

Stipulated motion to exclude the testimony of Yakima Police
Officer Ryan Urlacher is DEFERRED to the Pretrial Conference;

8.

Stipulated motion to limit evidence concerning plaintiff’s prior
termination and related lawsuit is DEFERRED to the Pretrial
Conference; and

9.

Stipulated motion to exclude any witness not disclosed in discovery
is GRANTED.

2
3
4
5
6
7
8
9
10
11
12
13
14
15

(2)
Defendant’s motion in limine, docket no. 72, is DENIED in part and
DEFERRED in part as follows:
A.

Motion to exclude unfavorable evidence regarding Yakima Police
Officer Ryan Urlacher is DENIED;

B.

Motion to exclude the expert report and testimony of Thomas
Missell is DENIED;

C.

Motion to exclude testimony in support of plaintiff’s character is
DENIED;

D.

Motion to exclude allegations about other employees that are
cumulative or lack foundation is DEFERRED to the Pretrial
Conference;

E.

Motion to exclude irrelevant testimony about alleged comparators is
DEFERRED to the Pretrial Conference; at the Pretrial Conference,

16
17
18
19
20
21
22
23
MINUTE ORDER - 2

1

plaintiff shall produce proposed exhibits 129 and 130 for the Court’s
review; and

2
F.
3

Motion to exclude evidence regarding discrete employment actions
against plaintiff by other decision makers is DEFERRED to the
Pretrial Conference.

4

(3)
Defendant’s motion to excuse potential jurors from viewing “unconscious
5 bias” video, docket no. 73, is DEFERRED to the Pretrial Conference.
(4)
6 record.
7

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

Dated this 11th day of September, 2019.

8
William M. McCool
Clerk

9
10

s/Karen Dews
Deputy Clerk

11
12
13
14
15
16
17
18
19
20
21
22
23
MINUTE ORDER - 3