Adams et al v. Nature's Expressions Landscaping, Inc., No. 5:2016cv00098 - Document 94 (E.D. Ky. 2018)

Court Description: MEMORANDUM OPINION & ORDER: 1) 79 MOTION in Limine to exclude Notes made by Plaintiff's Wife is GRANTED; 2) The motion to exclude evidence of Dale Flygstad's conversation proving claim of retaliation is DENIED AS MOOT. Signed by Judge Joseph M. Hood on 9/19/2018.(JJ)cc: COR
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Adams et al v. Nature's Expressions Landscaping, Inc. Doc. 94 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON ) ) ) ) ) ) ) ) ) ) ) ) THOMAS ADAMS, ET AL., Plaintiffs, v. NATURE’S EXPRESSIONS LANDSCAPING, INC., Defendant. Civil Case No. 5:16-cv-98-JMH MEMORANDUM OPINION AND ORDER *** This matter is set for trial beginning on October 23, 2018. Now before the Court is Defendant’s consolidated motion in limine to exclude evidence, which was filed on August 8, 2018. [DE 79]. Specifically, made Defendant moves to exclude: 1) notes by Plaintiff Anderson’s wife, Jessica Anderson and 2) evidence of Dale Flygstad’s conversations with Plaintiff Stewart’s retaliation claim. Anderson to help prove The Plaintiffs did not object or otherwise respond to Defendants motion. Having been fully briefed, and the Court being otherwise sufficiently advised, this motion is ripe for review. The motion was filed prior to the Court’s recent Memorandum Order and Opinion [DE 93], which granted summary judgment for the Defendant on Plaintiff Ron Stewart’s retaliation claim but denied summary judgment for the Defendant on Plaintiff Frankie Anderson’s 1 Dockets.Justia.com retaliation claim. As such, the only claim remaining in this action is Plaintiff Anderson’s retaliation claim. 1) Motion to Exclude Notes Made by Plaintiff Anderson’s Wife, Jessica Anderson Nature’s Expressions has moved to exclude notes made by Plaintiff Anderson’s wife, Jessica Anderson, which purport to memorialize conversations between Anderson and representatives of Nature’s Expressions. Nature’s Expressions claims that Jessica Anderson cannot meet the personal knowledge requirements of FRE 602. Additionally, Nature’s Expressions argues that the notes constitute hearsay without an exception under FRE 802. As an initial matter, Jessica Anderson’s explicitly listed on Anderson’s exhibit list. notes are [DE 91]. not More important, Anderson has not responded to assert that Jessica Anderson’s notes should be admitted pursuant to a hearsay exception. As such, Defendant’s motion to exclude the notes made by Jessica Anderson is GRANTED. 2) Motion to Exclude Evidence of Conversations with Plaintiff Anderson Nature’s Flygstad’s Plaintiff conversations Stewart’s “anticipated conversations Expressions that has moved with Stewart between Flygstad’s exclude evidence of Plaintiff Anderson related to claim. Nature’s Expressions retaliation [would] Flygstad 2 to Dale attempt and to Anderson introduce as these proof of Flygstad’s, and NEI’s, retaliatory intent.” [DE 79, p. 2]. Subsequently, the Court granted summary judgment in favor of Nature’s Expressions on Stewart’s retaliation claim. such, Defendant’s motion to exclude evidence conversations with Anderson is DENIED AS MOOT. of [DE 93]. As Flygstad’s The Court takes no position on the admissibility of this evidence if a party attempts to use or introduce it for another purpose. Accordingly, for the foregoing reasons, IT IS ORDERED: 1) That the motion to exclude notes made by Jessica Anderson, Plaintiff Frankie Anderson’s wife, is GRANTED; 2) That the motion to exclude evidence of Dale Flygstad’s conversations with Plaintiff Frankie Anderson is DENIED AS MOOT. This the 19th day of September, 2018. 3