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VERESS v. ALUMAX/ALCOA MILL PRODUCTS

United States District Court, E.D. Pennsylvania


May 21, 2004.

EMILIA E. VERESS, Plaintiff
v.
ALUMAX/ALCOA MILL PRODUCTS, INC., Defendant

The opinion of the court was delivered by: JAMES KNOLL GARDNER, District Judge

ORDER

NOW, this 21st day of May, 2004, upon consideration of Defendant's Motion in Limine to Exclude Evidence Regarding the Manner of John Hatzinikolas's [sic] Death; Defendants's Motion in Limine to Exclude Any Evidence Regarding Ream's "Troublemaker" Comment; Defendant's Motion in Limine to Exclude Evidence Regarding Plaintiff's Overtime Claim; Defendant's Motion in Limine to Exclude Plaintiff's Evidence Regarding Her Alleged Constructive Discharge; Defendant's Motion in Limine to Exclude Plaintiff's Evidence of Retaliation; Defendant's Motion in Limine to Exclude Evidence Regarding the Hatzinikolas Incident in 1996; and Defendant's Motion in Limine to Exclude Any Evidence Regarding Alleged Sexual Harassment, each of which motions was filed September 15, 2003; upon consideration of Plaintiff's Omnibus Response to Defendant's Motions in Limine, which response was filed October 14, 2003; upon consideration of the briefs of the parties; and for the reasons expressed herein, IT IS ORDERED that defendant's motions in limine are granted in part and denied in part.*fn1

IT IS FURTHER ORDERED that Defendant's Motion in Limine to Exclude Evidence Regarding the Manner of John Hatzinikolas's [sic] Death is granted as unopposed.*fn2

  IT IS FURTHER ORDERED that plaintiff is precluded from offering into evidence at trial the manner of John Hatzinikolas' death.

  IT IS FURTHER ORDERED that Defendants's Motion in Limine to Exclude Any Evidence Regarding Ream's "Troublemaker" Comment is denied.*fn3 [EDITORS NOTE: THIS PAGE IS BLANK.] IT IS FURTHER ORDERED that Defendant's Motion in Limine to Exclude Evidence Regarding Plaintiff's Overtime Claim is denied.*fn4

  IT IS FURTHER ORDERED that Defendant's Motion in Limine to Exclude Plaintiff's Evidence Regarding Her Alleged Constructive Discharge is denied.*fn5

  IT IS FURTHER ORDERED that Defendant's Motion in Limine to Exclude Plaintiff's Evidence of Retaliation is denied.*fn6 IT IS FURTHER ORDERED that of Defendant's Motion in Limine to Exclude Evidence Regarding the Hatzinikolas Incident in 1996 is denied.*fn7 IT IS FURTHER ORDERED that Defendant's Motion in Limine to Exclude Any Evidence Regarding Alleged Sexual Harassment is granted in part and denied in part.*fn8 IT IS FURTHER ORDERED that defendant's motion in limine is denied regarding evidence of plaintiff being shunned by her co-workers based upon plaintiff's claims of sexual harassment against Mr. Hatzinikolas.

  IT IS FURTHER ORDERED that defendant's motion in limine to preclude evidence of Mr. Gunselman's alleged statements regarding plaintiff and her boyfriend is denied without prejudice for defendant to raise the issue at trial consistent with footnote 8.

  IT IS FURTHER ORDERED that defendant's motion in limine to preclude evidence of Mr. Sherrick's alleged statement to plaintiff that she is a troublemaker is denied.

  IT IS FURTHER ORDERED that defendant's motion in limine to preclude evidence of Mr. Sherrick's alleged statement referring to plaintiff as a "short shit" and that "he wanted to see her put a whole banana in her mouth" are denied without prejudice for defendant to raise the issue at trial consistent with footnote 8.

  IT IS FURTHER ORDERED that defendant's motion in limine to preclude plaintiff from offering evidence of Mr. Gunselman's alleged statements to plaintiff that she will be a "labor woman" and that she will be made to do all the work is denied.


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