United States District Court, D. Connecticut
RULING AND ORDER ON MOTION IN LIMINE
VICTOR
A. BOLDEN UNITED STATES DISTRICT JUDGE
On
August 24, 2016, Tyronda James (“Plaintiff”) sued
RD America, LLC, Jetro Holdings, LLC, and Restaurant Depot,
LLC (“Defendants”), alleging that she was fired
on the basis of race, subjected to a hostile work
environment, and retaliated against for protected activity,
all in violation of Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e. Complaint, dated Aug. 24, 2016
(“Compl.”), ECF No. 1.
On
March 5, 2019, the Court granted in part and denied in part
Defendants' motion for summary judgment. Ruling and
Order, dated Mar. 5, 2019 (“R & O”), ECF No.
62. The Court held that Ms. James's hostile work
environment claim could proceed to trial because there is a
genuine issue of material fact as to whether the use of
racial epithets in her workplace was sufficiently severe or
pervasive to have materially altered the terms and conditions
of her employment, but granted summary judgment for
Defendants on Ms. James's other claims. Id. at
25-31, 33.
Before
the jury trial beginning on August 19, 2019, Defendants move
in limine to preclude Ms. James from introducing any
evidence, testimony, or references to a civil action Ms.
James has filed that is currently pending before the
Connecticut Superior Court for the Judicial District of New
Haven. Defendants' Motion In Limine to Preclude
Evidence, Testimony or References to Plaintiff's State
Court Action, dated Jul. 16, 2019 (“Defs.'
Mot.”), ECF No. 80.
For the
reasons explained below, Defendants' motion in
limine is GRANTED IN PART AND DENIED IN
PART.
Defendants'
motion is granted only to the extent that evidence or
testimony may not refer to the fact that there is a state
court action pending. Defendants' motion is otherwise
denied, without prejudice to raising any issues of relevance
or prejudice during the trial.
I.
FACTUAL AND PROCEDURAL BACKGROUND
Familiarity
with the facts and prior proceedings, as detailed in the
Court's March 5, 2019 Ruling and Order, is assumed.
See R & O at 2-12.
On
March 5, 2019, the Court granted in part and denied in part
Defendants' motion for summary judgment. R & O at 1,
33. The Court (1) denied summary judgment on Defendants'
arbitration defense because Defendants had failed to show an
absence of a genuine dispute of material fact as to whether
there was a valid agremeent to arbitrate and whether Ms.
James's claims were within it scope, id. at
13-17; (2) granted summary judgment as to Plaintiff's
claims of discriminatory firing and retaliation, id.
at 20-25, 31-32; and (3) denied summary judgment as to
Plaintiff's claim of hostile work environment because
there is a genuine issue of material fact as to whether the
use of racial epithets in her workplace was sufficiently
severe or pervasive to have materially altered the terms and
conditions of her employment, thereby allowing this single
claim under Title VII to proceed to trial, id. at
25-31, 33.
On
March 14, 2019, following a telephonic scheduling conference
with the parties, the Court set this case down for a jury
trial beginning on August 19, 2019, with jury selection to be
held on August 5, 2019. Scheduling Order, dated Mar. 14,
2019, ECF No. 65.
On July
3, 2019, Defendants moved to continue jury selection to
August 19, 2019-the day the trial is set to begin-due to a
scheduling conflict for Defendants' counsel with an
unrelated matter. Motion to Continue Jury Selection, dated
Jul. 3, 2019, ECF No. 75.
On July
5, 2019, the parties filed their joint trial memorandum.
Joint Trial Memorandum, dated Jul. 5, 2019, ECF No. 76.
On July
8, 2019, the Court noted the parties' failure to
simultaneously file motions in limine with their
joint trial memorandum, as required by this Court's
Chambers Practices, and therefore set a schedule for briefing
on motions in limine. Amended Scheduling Order,
dated Jul. 8, 2019, ECF No. 77.
On July
11, 2019, the Court granted Defendants' motion to
continue, rescheduling the jury selection to August 19, 2019,
with trial set to begin thereafter. Order, dated Jul. 11,
2019, ECF No. 78; ...