Opinion
15-cv-12552
06-22-2022
MICHAEL DORMAN, et al., Plaintiffs, v. TOWNSHIP OF CLINTON, Defendant.
ORDER RESOLVING MOTIONS IN LIMINE
MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE
On June 22, 2022, the Court held the Final Pre-Trial Conference in this action. For the reasons explained on the record during that conference, the parties' motions in limine are resolved as follows:
• Plaintiffs' motion to adjourn trial (ECF No. 134) is TERMINATED AS MOOT;
• Plaintiffs' motions in limine (ECF Nos. 140, 141, 142, 143, and 144) are GRANTED;
• Defendant's motion in limine to exclude testimony or documentary evidence of loss of use damages after the entry of the stipulated order on December 8, 2017 (ECF No. 145), is DENIED; and
• Defendant's motion in limine to strike witnesses and exclude evidence (ECF No. 146) is GRANTED as described herein. Absent further order of the Court, Plaintiffs shall not call as witnesses or introduce into evidence as trial any witnesses or exhibits that were not disclosed during discovery and/or that were first disclosed in Plaintiffs' Rule 26(a)(3) disclosures or Plaintiffs' trail witness and exhibit lists. However, as the Court indicated on the record during the Final Pre-Trial Conference, the Court will give Plaintiffs an opportunity at trial to show that (1) any individual witness or any particular document was properly the subject of a timely supplementation under Rule 26(e) and/or could not reasonably have been disclosed to Defendant earlier than it was and (2) allowing Plaintiffs to present the witness(es) or document(s) would not unfairly prejudice the Defendant.
• Finally, as the Court explained on the record when discussing the motions in limine, Plaintiffs shall be precluded from introducing evidence relating to any criminal proceedings brought against Plaintiffs related to the property at issue. As the Court explained, the First Amended Complaint does not contain any allegations or claims for damages arising out of those criminal proceedings, and those proceedings were not brought to the Court's attention until after the close of discovery, briefing was complete on the parties' summary judgment motions, and Court issued a comprehensive Opinion and Order resolving those motions. For those reasons, in 2020, the Court declined to permit Plaintiffs to conduct discovery into the criminal proceedings and denied Plaintiffs permission to expand this lawsuit to include a claim for damages arising out of those proceedings. Likewise, Plaintiffs shall not be permitted to seek damages from Defendant based on alleged wrongs committed by the Defendant after the filing of the First Amended Complaint. Such alleged wrongs have not been made part of this action.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on June 22, 2022, by electronic means and/or ordinary mail.