Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Knepp v. United Stone Veneer

December 4, 2008

MELINDA KNEPP PLAINTIFF,
v.
UNITED STONE VENEER, LLC., DEFENDANT



The opinion of the court was delivered by: Judge McClure

MEMORANDUM

BACKGROUND

On May 18, 2006, plaintiff Melinda Knepp instituted this civil action against defendant United Stone Veneer, LLC ("USV"), setting forth claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. ("Title VII"), and under the Pennsylvania Human Relations Act, 43 P.S. §§ 951, et seq. ("PHRA"). In her four-part complaint, plaintiff contends that she was sexually harassed by David Barrett, defendant's employee and plaintiff's supervisor, continuously over a ten-month period; defendant was aware of the harassment but failed to take action to prevent or rectify the problem and plaintiff was terminated from employment after repeatedly rebuffing Barrett's advances and notifying management of his activities.

Defendant filed a motion for summary judgment on July 16, 2008. Two days later, plaintiff filed its motion for summary judgment. On September 23, 2008, we issued orders denying the parties' motions for summary judgment.

This case is currently set for trial on April 7, 2009. On November 7, 2008, plaintiff filed a motion in limine to "preclude the Defendant from introducing certain evidence at trial." (Rec. Doc. No. 113). The plaintiff wishes to exclude the following evidence from being introduced at trial:

1. Evidence that defendant USV's shareholder, David Barrett, suffers from Lyme Disease, and that his medical condition is a defense to the claims asserted;

2. Evidence related to Melinda Knepp's prior relationships, marriage, and/or divorce that occurred prior to her employment with USV;

3. Evidence that Melinda Knepp's husband is rumored to have a drinking and/or substance abuse problem;

4. Evidence of the alleged condition and/or health of Melinda Knepp's marriage;

5. Evidence regarding Melinda Knepp's husband's employment history and/or his earned history or capacity; and

6. Evidence regarding a recorded telephone conversation involving Larry Yarger, a former deceased shareholder of USV, David Barrett, USV shareholder, Angela Barrett, USV shareholder, and Vicki Sealover, USV employee.

Supporting and opposing briefs have been filed and the matter is ripe for disposition. For the following reasons, we will grant plaintiff's motion in part and deny plaintiff's motion in part.

DISCUSSION

Defendant agrees that the evidence discussed above in #2-6 are irrelevant. As a result, we bar the introduction of evidence relating to those enumerations at trial. Therefore, the following analysis will focus squarely on plaintiff's desire to preclude defendant from introducing "[e]vidence that defendant USV's shareholder, David Barrett, suffers from Lyme Disease, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.