Stewart v. Prometric LLC

Filing 47

ORDER granting Parties' 45 Stipulated Motion. Each party shall instruct its witnesses as to the Court's ruling on this stipulated motion in limine. Signed by Judge James L. Robart. (LH)

Case 2:19-cv-01362-JLR Document 47 Filed 01/06/21 Page 1 of 4

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THE HONORABLE JAMES L. ROBART

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JOHN STEWART

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Case No.: 2:19-CV-01362-JLR

Plaintiff,
v.

STIPULATED MOTION AND
[PROPOSED] ORDER ON MOTIONS IN
PROMETRIC, LLC, a Delaware Corporation,
LIMINE

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Defendant.

NOTE ON MOTION CALENDAR:
January 29, 2021

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STIPULATION
The parties, by and through counsel, respectfully and jointly move the Court for an in

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limine order concerning the following evidentiary matters. Counsel for the parties have conferred

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and agree that an in limine order is appropriate, with reference to the following:

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1.

Pursuant to the Court’s scheduling order dated October 31, 2019, the parties are to

file all motions in limine by January 5, 2021.
2.

Pursuant to Local Rule 7(d)(4), the parties held a conference call on January 4,

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2021, to resolve which matters are really in dispute before filing their respective motions. The

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parties reached an agreement on a number of issues.

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STIPULATED MOTION AND [PROPOSED]
ORDER ON MOTIONS IN LIMINE - 1

MALONEY O’LAUGHLIN, PLLC
200 W. Mercer Street, Ste. 102
Seattle, WA 98119
[phone]

Case 2:19-cv-01362-JLR Document 47 Filed 01/06/21 Page 2 of 4

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THEREFORE, IT IS HEREBY STIPULATED, AGREED, AND ORDERED THAT
THE FOLLOWING MATTERS SHALL NOT BE ENTERED INTO EVIDENCE:
1.

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Department of Health.
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3.

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Any Reference to Plaintiff Suffering Loss of Wages or Benefits.

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Any Reference to Plaintiff Suffering Physical Injury Arising Out of Emotional
Distress, and Any Healthcare Provider Testimony.

6.

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Prometric Manuals and Policies that were not in effect during Plaintiff’s
Employment.

7.

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The parties are precluded from offering two separate drafts of Defendant’s final
warning to Plaintiff as a single exhibit.

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Plaintiff’s Notice of 30(b)(6) Deposition and the Objections and Responses
Thereto.

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Plaintiff’s Post-Termination Communications with the Washington State

Any hearsay statements, to which no exception applies, that Plaintiff was given a
verbal warning or discipline for writing his own test instructions.

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Any reference to Plaintiff’s post-termination employment with employers other

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than Prometric, with the exception that the start date for Plaintiff’s employment

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with SEIU may be admitted to determine the approximate end date for Stewart’s

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emotional distress damages.

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9.

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Any hearsay statements, to which no exceptions apply, related to Plaintiff’s
alleged refusal to return to work after his suspension.

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Any reference to the determination of the Washington Employment Security
Department regarding Stewart’s unemployment benefits.

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STIPULATED MOTION AND [PROPOSED]
ORDER ON MOTIONS IN LIMINE - 2

MALONEY O’LAUGHLIN, PLLC
200 W. Mercer Street, Ste. 102
Seattle, WA 98119
[phone]

Case 2:19-cv-01362-JLR Document 47 Filed 01/06/21 Page 3 of 4

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11.

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Any reference to a specific reason for Corwin Sample’s termination, but
testimony may be elicited that Sample was terminated for misconduct.

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Other than the Plaintiff and a corporate representative for Defendant, all witnesses

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will be sequestered from watching the trial proceedings through any virtual

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platform.

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13.

Witnesses will not be allowed to comment on another witness’s deposition

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testimony, unless that testimony is presented verbatim from the deposition

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transcript.

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14.

Witnesses will not be allowed to comment on the veracity of another witness’s
testimony.

SO STIPULATED this 5th day of January, 2021

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By: /s/ Matt J. O’Laughlin
Matt J. O’Laughlin, WSBA 48706
MALONEY O’LAUGHLIN, PLLC
200 W. Mercer Street, Ste. 102
Seattle, Washington 98119
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorney for Plaintiff

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By: /s/ James M. Shore
James M. Shore, WSBA #28095
Rachel N. Herrington, WSBA # 53255
600 University Street, Suite 3600
Seattle, WA 98101
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant

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STIPULATED MOTION AND [PROPOSED]
ORDER ON MOTIONS IN LIMINE - 3

MALONEY O’LAUGHLIN, PLLC
200 W. Mercer Street, Ste. 102
Seattle, WA 98119
[phone]

Case 2:19-cv-01362-JLR Document 47 Filed 01/06/21 Page 4 of 4

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ORDER

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Each party shall instruct its witnesses as to the Court’s ruling on this stipulated motion in
limine.

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IT IS SO ORDERED.

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DATED this 6th day of January, 2021.

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A

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JAMES L. ROBART
United States District Judge

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STIPULATED MOTION AND [PROPOSED]
ORDER ON MOTIONS IN LIMINE - 4

MALONEY O’LAUGHLIN, PLLC
200 W. Mercer Street, Ste. 102
Seattle, WA 98119
[phone]