FARTHING v. PENNSYLVANIA STATE POLICE
Filing
109
ORDER THAT DEFENDANT'S MOTION TO PRECLUDE THE BOLDEN CONSENT DECREE AND RELATED LITIGATION AS SPECIFIED IN THE MOTION TOGETHER WITH THE TESTIMONY OF BENJAMIN BROOKS, TYREE BLOCKER AND MARK LOMAX IS GRANTED, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 8/2/13. 8/2/13 ENTERED AND COPIES, E-MAILED.(er, )
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
:
JOSEPH FARTHING,
:
CIVIL ACTION
Plaintiff,
:
:
vs.
:
NO. 11-1052
:
PENNSYLVANIA STATE POLICE,
:
Defendant.
:
__________________________________________:
ORDER
AND NOW, this
2nd
day of August, 2013, upon consideration of
Defendant’s Third Motion in Limine Withdrawing Defendant’s Pending Motion in Limine (Dkt.
No. 84) filed on June 17, 2013 and Plaintiff’s Memorandum in Response (Dkt. No. 91) filed on
July 10, 2013; Defendant’s Supplemental Brief in Support of the Motion (Dkt. No. 100) filed on
July 26, 2013; Plaintiff’s Memorandum in Opposition of the Defendant’s Supplemental Brief
(Dkt. No. 101) filed on July 29, 2013; and Defendant’s Reply to the Response to the
Supplemental Brief (Dkt. No. 102) filed on July 29, 2013, for the reasons stated in the
Memorandum filed this date, IT IS ORDERED that:
Defendant’s Motion to preclude the Bolden consent decree and related litigation
as specified in the Motion together with the testimony of Benjamin Brooks, Tyree Blocker and
Mark Lomax is GRANTED;
Defendant’s Motion to preclude testimony regarding Cindy Smyser’s alleged
statement on October 26, 2007 to the Plaintiff is GRANTED;
Defendant’s Motion to preclude expert testimony of Plaintiff’s treating physician,
Dr. Garry Mueller is GRANTED;
Defendant’s Motion to preclude evidence of the 2013 discrimination lawsuit and
related EEOC/PHRA charge against Defendant by Sgt. Farzad Sharif is GRANTED as
unopposed.
Defendant’s Motion to preclude Plaintiff’s Exhibit No. 31, a January 14, 2004
email exchange between Chris D’Amico and Thomas Tarsavage re: the Governor jumping sheep
is GRANTED;
In all other respects, Defendant’s Motion is DENIED.
BY THE COURT:
/s/ Henry S. Perkin
HENRY S. PERKIN
UNITED STATES MAGISTRATE JUDGE
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