Opinion
1:19-cv-00101-RAL
05-06-2022
ROBERT REPA AND JEAN REP A, HUSBAND AND WIFE, Plaintiffs v. FRANK NAPIERKOWSKI, HILLTRUX TANK LINES, INC., Defendants
PLAINTIFFS' MOTION IN LIMINE TO EXCLUDE EVIDENCE OR ARGUMENT OF PLAINTIFFS' DISCIPLINARY HISTORY OR FILE WITH THE FIRE DEPARTMENT [ECF NO. 81] ORDER
RICHARD A. LANZILLO UNITED STATES MAGISTRATE JUDGE.
Plaintiffs have moved in limine to exclude “all evidence or argument related to Mr. Repa's disciplinary history with the Cambridge Springs Volunteer Fire Department.” ECF No. 81 (citing, inter alia, Fed.R.Evid. 404(a)). Defendants “agree that this evidence is generally inadmissible at trial” and do not oppose the requested exclusion. ECF No. 107, ¶ 2. Therefore, Plaintiffs' motion is GRANTED. Defendants may, however, consistent with the Federal Rules of Evidence, utilize such evidence at trial z/Plaintiffs open the door by introduction of character evidence putting the matter at issue.
IT IS SO ORDERED.