Opinion
Civil Action 19-3326-KSM
05-16-2022
AUDRA MCCOWAN, et al., Plaintiffs, v. CITY OF PHILADELPHIA, et al., Defendants.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW this 16th day of May, 2022, upon consideration of the parties' objections to trial exhibits, witnesses, and the scope of claims and defenses (see Doc. Nos. 198, 201, 203, 212, 215, and 216; P. Supp. Tr. Memo), and for the reasons described in the accompanying memorandum, it is ORDERED that the parties' objections are SUSTAINED IN PART and OVERRULED IN PART as follows:
1. The City's objections to City Controller Rebecca Rhynhart's op-ed (P. Ex. 3), the press release from the Controller's Office (P. Ex. 5), and the EEO summary memo (P. Ex 13) are SUSTAINED.
2. The City's objections to the 2018 audit (P. Ex. 1) and the press release from the Mayor's Office (P. Ex. 4) are OVERRULED.
3. The Court reserves ruling on the parties' authenticity arguments and the City's argument that Plaintiffs' text messages are inadmissible hearsay.
4. Plaintiffs' objections to the testimony of Chief Inspector Christopher Flacco, Captain Matthew Deacon, Lieutenant Ezekiel Williams, and Inspector Michael Gillespie are OVERRULED.
5. The City's objection to Controller Rhynhart's testimony is SUSTAINED IN PART and OVERRULED IN PART. Rhynhart's testimony is limited to matters within her personal knowledge.
6. Plaintiffs' objection to the City's ability to present evidence on affirmative defenses is OVERRULED.
7. The City's objection to Plaintiffs' ability to put forth evidence of constructive discharge is SUSTAINED.
IT IS SO ORDERED.