Rein v. Rite Aid Headquarters Corporation et al

Filing 125

POST-PRETRIAL CONFERENCE ORDER. Defendants/Third-Party Plaintiffs Thrifty Payless, Inc. and Rite Aid Lease Management Company's (collectively, "Rite Aid") Motion to Continue Trial, Dkt. No. 121 , is DENIED. The Zoom trial in this ma tter shall proceed as scheduled on June 21, 2021 beginning at 8:30 a.m. Pacific Time. Rite Aid's Motion to exclude testimony regarding hypotheticals is DENIED. Dkt. No. 107 . Plaintiff's Motion to preclude the Defendants or Third-Party Defendant from arguing or presenting evidence at trial as to Plaintiff's failure to mitigate damages or Plaintiff's contributory negligence is DENIED. Dkt. No. 108 . Plaintiff's Motion to preclude the Defendants or Third-Party Defendants from arguing or presenting evidence at trial regarding Plaintiff's termination from her last position is DENIED. Dkt. No. 110 . Signed by Judge Barbara J. Rothstein.(MW)

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UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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)
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Plaintiff,
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v.
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THRIFTY PAYLESS, INC., d/b/a RITE
)
AID PHARMACY, and RITE AID LEASE )
MANAGEMENT COMPANY, d/b/a RITE )
AID,
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Defendants,
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THRIFTY PAYLESS, INC., d/b/a RITE
)
AID PHARMACY, and RITE AID LEASE )
MANAGEMENT COMPANY, d/b/a RITE )
AID,
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Third-Party Plaintiffs, )
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v.
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DURO HILEX POLY, LLC, a Delaware
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corporation,
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Third-Party Defendant)
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HOLLY REIN,

CASE NO. 2:19-cv-00522-BJR
POST-PRETRIAL CONFERENCE
ORDER

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On June 2, 2021, the Court held the Pretrial Conference in this matter via Zoom. Counsel
for all Parties were present. The Court ordered as follows:
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1. Defendants/Third-Party Plaintiffs Thrifty Payless, Inc. and Rite Aid Lease
Management Company’s (collectively, “Rite Aid”) Motion to Continue Trial, Dkt. No.

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121, is DENIED. The Zoom trial in this matter shall proceed as scheduled on June 21,

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2021 beginning at 8:30 a.m. Pacific Time.

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2. Rite Aid’s Motion to exclude testimony regarding hypotheticals is DENIED. Dkt. No.
107.
3. Rite Aid’s Motion to exclude testimony regarding financial status or ability to pay of
either party is GRANTED. Id.

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4. Rite Aid’s Motion to exclude any reference to insurance is GRANTED. Id.

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5. Rite Aid’s Motion to exclude lay witnesses during trial is GRANTED. Id.

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6. Rite Aid’s Motion to exclude all arguments of “punishment,” “sending a message,” and

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Golden Rule arguments is GRANTED. Id.
7. Plaintiff’s Motion to preclude the Defendants or Third-Party Defendant from arguing
or presenting evidence at trial as to Plaintiff’s failure to mitigate damages or Plaintiff’s
contributory negligence is DENIED. Dkt. No. 108.

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8. Plaintiff’s Motion to preclude the Defendants or Third-Party Defendants from arguing

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or presenting evidence at trial regarding Plaintiff’s termination from her last position is

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DENIED. Dkt. No. 110.

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9. Plaintiff’s objection to Rite Aid’s introduction of Plaintiff’s Termination Letter as an
exhibit is OVERRULED. Dkt. No. 116 at 14.

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SO ORDERED.
DATED this 3rd day of June, 2021.

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BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE

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