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Burdyn v. Old Forge Borough

United States District Court, M.D. Pennsylvania

January 26, 2017

NASTASHA BURDYN Plaintiff,
v.
OLD FORGE BOROUGH, et al. Defendants.

          MEMORANDUM OPINION

          Rabert D. Mariani, United States District Judge

         Presently before the Court is Defendant James Krenitsky's Omnibus Motion in Limine (Doc. 241) which requests that the Court:

1. Prohibit additional non-expert witnesses not previously identified by the Plaintiff;
2. Prohibit demonstrative evidence during opening statements;
3. Preclude Plaintiffs expert testimony beyond the four corners of their expert reports;
4. Preclude hearsay statements and/or evidence;
5. Preclude any reference to Krenitsky's family at the time of trial.

         The Court will address each request in turn.

         1. Prohibit additional non-expert witnesses not previously identified by the Plaintiff

         Krenitsky first asks that the Court "prohibit the Plaintiff from calling or referring in voir dire, opening, witness examination, cross-examination, closing or at any other time in the presence of the jury to any non-expert witness testifying other than those specifically listed on the Plaintiffs witness list." (Doc. 243, at 5). In response, Plaintiff asserts that she does "not intend to introduce witnesses not identified in discovery." (Doc. 305, at 2).

         Defendant's motion is phrased in only the most general terms, and the Court cannot make a determination as to the appropriateness of this motion without more information. Defendant's motion in limine will therefore be denied without prejudice.

         2. Prohibit demonstrative evidence during opening statements

          Krenitsky next requests that the Court preclude the Plaintiff from using any demonstrative exhibits during her opening statement. (Doc. 243, at 5-8). In response, Plaintiff asserts that she does not intend to produce demonstrative evidence during opening statements. (Doc. 305, at 2).

         In light of Plaintiffs statement, the Court will grant Defendant's motion. However, as a result and in fairness to Plaintiff, no party shall be permitted to produce demonstrative evidence ...


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