Summary
This memorandum order from the U.S. District Court for the Eastern District of Kentucky resolves the defendant's motions in limine regarding the exclusion of certain evidence and witnesses in a pro se plaintiff's employment dispute. The court finds that the plaintiff waived her right to contest most exclusions due to untimely and improperly filed responses, and grants the motion to exclude expert testimony, evidence related to dismissed claims, insurance coverage, and punitive damages. While the court denies exclusion of undisclosed non-expert witnesses, it sanctions the plaintiff for failing to properly disclose her mental health practitioner, barring that witness and associated documents. The plaintiff is directed to cure remaining pretrial filing deficiencies by May 2, 2025.
Topics
Practice areas
Questions Presented
- Whether the court should exclude the plaintiff’s untimely pre‑trial filings and the testimony of Dr. Brittany Gentry under Fed. R. Civ. P. 26 and 37.
Holdings
- The court granted the defendant’s motion in limine to exclude expert testimony, Dr. Gentry as a witness, any undisclosed witnesses, undisclosed exhibits, evidence of insurance coverage, financial disparity, settlement discussions, and punitive‑damage evidence; and granted the supplemental motion in limine to exclude the listed items, while denying exclusion of other witnesses lacking a summary of anticipated testimony.
Key quotations
““Rule 26(a)(1) requires parties to disclose early in discovery persons likely to have discoverable information if the disclosing party may use that information or person to support its claim or defense.”” (at 982)
““Rule 37 requires trial courts to punish parties that violate this provision in Rule 26 with exclusion of evidence or witnesses, unless the sanctioned party can show that the violation is substantially justified or harmless, or the trial court opts to impose an alternative sanction instead.”” (at 271)
Factual background
Plaintiff Keisha Williams, a former employee of Eastern Kentucky University, alleges discrimination, retaliation, and wrongful termination. Several of her claims were dismissed at the motion‑to‑dismiss and summary‑judgment stages, leaving only a wrongful‑termination claim for trial. Williams submitted partial pre‑trial disclosures late and failed to disclose certain witnesses, including her mental‑health practitioner, Dr. Brittany Gentry.
Procedural history
The plaintiff, pro se, filed a civil action alleging wrongful termination and related claims. The defendant moved in limine to exclude untimely pre‑trial filings and certain witnesses. The court considered the motions and issued this memorandum order.