Chinn v. Whidbey Public Hospital District

Filing 100

MINUTE ORDER granting in part and denying in part Defendant's 76 Motion in Limine. Plaintiff's 79 Motion in Limine is granted in part and denied in part. Authorized by Judge Thomas S. Zilly. (SR)

Case 2:20-cv-00995-TSZ Document 100 Filed 01/10/22 Page 1 of 5

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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MELISSA CHINN,

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Plaintiff,
v.

C20-995 TSZ

WHIDBEY PUBLIC HOSPITAL
DISTRICT d/b/a WHIDBEY HEALTH
MEDICAL CENTER,
Defendant.

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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. 79, is GRANTED in part, DENIED
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1.

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MINUTE ORDER - 1

Motion to exclude all evidence or argument that Dr. Chinn and her
wife—Morghan Milagrosa—engaged in an “inappropriate”
workplace relationship is GRANTED in part and DENIED in part.
The motion is GRANTED as to the intimate details of Dr. Chinn and
Morghan Milagrosa’s relationship and all evidence or argument that
the relationship itself was inappropriate. The motion is otherwise
DENIED. The evidence is relevant and probative as to Dr. Chinn’s
credibility and/or bias, any evidence of “inappropriate conduct” in
the workplace, relating to issues of damages and mitigation and
whether Dr. Chinn was treated differently because she is female or
Asian. The evidence is more probative than prejudicial and not
precluded by Federal Rule of Evidence 403.

Case 2:20-cv-00995-TSZ Document 100 Filed 01/10/22 Page 2 of 5

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2.

Motion to exclude text messages between Dr. Chinn and her romantic
partner Morghan Milagrosa that are unrelated to Dr. Chinn’s claims,
post-employment, or that are solely personal in nature is
DEFERRED, and the parties should be prepared to identify any such
evidence at the Pretrial Conference.

3.

Motion to exclude references to Dr. Chinn’s claims for unemployment
benefits through the Employment Security Department is DENIED.

4.

Motion to exclude evidence of alleged misconduct by Morghan
Milagrosa and her daughter, including information about Milagrosa’s
lawsuit is DENIED, except that the Court DEFERS until trial a ruling
as to any specific evidence under Rule 403.

5.

Motion to exclude evidence of surreptitious recordings of events at
Whidbey Health is DENIED. At the Pretrial Conference, the parties
should be prepared to identify any workplace recordings that they
intend to offer into evidence at trial.

6.

Motion to exclude Dr. Chinn’s own comments about her ethnicity is
DENIED.

7.

Motion to exclude testimony and evidence relating to Whidbey
Health’s employment and treatment of Dr. Meghan McSorley is
DENIED.

8.

Motion to exclude character evidence or evidence of prior alleged
patient complaints/bad acts is DEFERRED, and the parties should be
prepared to identify any such evidence at the Pretrial Conference.

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(2)
Defendant’s motion in limine, docket no. 76, is GRANTED in part,
DENIED in part, and DEFERRED in part, as follows:
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1.

Motion to exclude deposition designations for available witnesses is
GRANTED. Except for impeachment purposes, no party may offer
deposition testimony of a witness who will testify live at trial;
provided however, the deposition of a party may be used for any
purpose during the trial without prior designation or notice.

2.

Motion to exclude any evidence of, argument about, or any reference
to sexual orientation discrimination is DEFERRED to the Pretrial
Conference.

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MINUTE ORDER - 2

Case 2:20-cv-00995-TSZ Document 100 Filed 01/10/22 Page 3 of 5

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3.

Motion to exclude any evidence of, argument about, or any reference
to productivity as it relates to Dr. Chinn’s pay or any other
physician’s pay is DENIED.

4.

Motion to exclude Jason Rossiter’s interview notes is DEFERRED
to the Pretrial Conference. Whidbey Health is DIRECTED to file a
copy of the disputed notes or otherwise identify their location in the
record. Any new filing or direction shall be provided to the Court by
10:00 a.m. on January 13, 2022.

5.

Motion to exclude any argument about, evidence of, or any reference
to: (i) the compensation of any non-comparator; (ii) Dr. James
Giem’s compensation; (iii) the compensation of any locum tenens
provider who provides medical services at Whidbey Health; (iv) any
alleged pay disparity experienced by Dr. Chinn after 2/28/2019; and
(v) anything outside the applicable statute of limitations period is
GRANTED in part, DENIED in part, and DEFERRED in part.

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i.

The motion is DENIED as to Dr. James Giem’s
compensation.

iii.

The unopposed motion is GRANTED as to the
compensation of any locum tenens provider.

iv.

The motion is DENIED as to any alleged pay disparity
experienced by Dr. Chinn after 2/28/2019.

v.

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The motion is DEFERRED to the Pretrial Conference
as to the compensation of any non-comparator.

ii.

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The motion is GRANTED as to anything outside the
applicable statute of limitations period.

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6.

Motion to exclude any evidence of, argument about, or any reference
to Morghan Milagrosa’s settlement and discussions relating thereto
is GRANTED in part; however, the fact that Milagrosa had a claim
and resolved it through arbitration is admissible as evidence of
credibility and/or bias.

7.

Motion to exclude any evidence of, argument about, or any reference
to any other discrimination-related complaints or any other legal
proceedings against Whidbey Health is GRANTED, except as
related to Morghan Milagrosa.

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MINUTE ORDER - 3

Case 2:20-cv-00995-TSZ Document 100 Filed 01/10/22 Page 4 of 5

8.

Motion to exclude reference to Whidbey Health’s size or finances is
GRANTED.

9.

Motion to exclude any evidence of, argument about, or any reference
to a provider’s willingness to perform abortions and/or the
availability of abortions at Whidbey Health is DEFERRED to the
Pretrial Conference. The parties should be prepared to address this
issue and the application of Rule 403.

10.

Motion to exclude any evidence of, argument about, or any reference
to alleged discrimination relating to Drs. Mary Leah Oman,
Christina Klemme, Rosa Rangel, and any other unidentified
individuals is GRANTED.

11.

Motion to exclude any evidence of, argument about, or any reference
to “vaginal torture” of a patient by Dr. Nathan Tillotson is
DEFERRED to the Pretrial Conference.

12.

Motion to exclude any evidence of, argument about, or any reference
to non-physician testimony relating to the medical decision-making
and appropriateness of Dr. Nathan Tillotson’s medical care and
treatment of any patient is GRANTED.

13.

The unopposed motion to exclude any arguments and evidence in
support of Dr. Chinn’s claim for lost income which were not
previously disclosed and produced during discovery is GRANTED.

14.

Motion to exclude any evidence of, argument about, or any reference
to the impact of COVID on Dr. Chinn’s income or business is
DENIED.

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15.

Motion to exclude testimony of Linda Gipson outside the scope of
FREs 602 and 701 is DEFERRED to trial.

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16.

The unopposed motion to exclude any questioning of current or
former employees of Whidbey Health relating to conversations with
Whidbey Health’s counsel is GRANTED.

17.

Motion to exclude any argument or reference that Dr. Chinn’s text
messages are presented “without full context” or similar
representations by Plaintiff’s counsel or witnesses is DEFERRED to
the Pretrial Conference.

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MINUTE ORDER - 4

Case 2:20-cv-00995-TSZ Document 100 Filed 01/10/22 Page 5 of 5

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(3)
record.

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

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Dated this 10th day of January, 2022.
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Ravi Subramanian
Clerk

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s/Gail Glass
Deputy Clerk

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MINUTE ORDER - 5