Potoski et al v. Wilkes University

Potoski et al v. Wilkes University

Case Number:	3:2006cv02057
Filed:	October 19, 2006
Court:	US District Court for the Middle District of Pennsylvania
Office:	Scranton Office
Presiding Judge:	Thomas I. Vanaskie
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	42 U.S.C. § 2000 Job Discrimination (Age)
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 22, 2010	Filing 125 MEMORANDUM AND ORDER - (1) Dfts Mtn to Preclude the Submission of Future LostWage Claims to the Jury, 88 , is GRANTED, and Pltfs shall not presentany evidence concerning front pay;(2) Dfts Mtn to Preclude the Imposition of Liquidated Damages at Tria l, 89 , is GRANTED IN PART AND DENIED IN PART asfollows:(a) The mtn is DENIED WITHOUT PREJUDICE as to the issue of liquidated damages under the ADEA. Defendant may raise this issue at the closeof Pltfs case and/or at the close of all of the evidence ; and,(b) The mtn is GRANTED as to the issue of liquidated damages pursuant to the PHRA. (3) Dfts Mtn to Preclude the Testimony of Richard Nardone, 90 , is DENIED;(4) Pltfs Mtn to Preclude the Expert Report and Testimony of James Stavros, 91 , is D ENIED;(5) Pltfs Mtn to Preclude the Expert Report and Testimony of Dr. Kevin Murphy and Expert Report of Dr. Frank Landy, 103 , is DENIED;(6) Pltfs Mtn to Preclude the Expert Report and Testimony of Dr. Bernard Siskin, 95 , is GRANTED.(7) Pltfs Mtn to Exclude any Evidence of Pltfs Successors/Replacements Beyond those Identified in Dfts Responses to Discovery Requests and those Identified in the Courts 2/12/10 Opinion and Order, 93 , is DENIED WITHOUT PREJUDICE;(8) Pltfs Mtn to Exclude Evidenc e that there was aReorganization or Position Elimination as Determined by the Courts 2/12/10 Opinion and Order, 101 , is DENIED;(9) Pltfs Mtn to Exclude the General Release Agreements, 99 , is GRANTED IN PART AND DENIED IN PART as follows:(a) The m otion is GRANTED as to Pltfs claims under the ADEA, and Dft is precluded from invoking the release in an attempt to bar those claims;(b) The motion is DENIED WITHOUT PREJUDICE as toPltfs claims under the PHRA. Dft may elicit evidence at trial concerningthe effect of the release as to these claims; and, (10) Pltfs Mtn to Exclude any Evidence of Pltfs Bokars, Monsuers, and Potoskis Failure to Reapply for the PSO-1 position, 97 is DENIED. Signed by Honorable Sylvia H. Rambo on 9/22/10 (ma, )
February 12, 2010	Filing 68 MEMORANDUM AND ORDER 1. Defendants Motion for Summary Judgment (Dkt. Entry 46) is DENIED. 2. A telephone scheduling conference shall be held on Thursday, March 4, 2010, at 10:00 a.m. Counsel for Plaintiffs is responsible for making the arrangements for the conference call. Signed by Honorable Thomas I. Vanaskie on 2/12/10. (jfg)

Date Filed

Document Text

September 22, 2010

Filing 125 MEMORANDUM AND ORDER - (1) Dfts Mtn to Preclude the Submission of Future LostWage Claims to the Jury, 88 , is GRANTED, and Pltfs shall not presentany evidence concerning front pay;(2) Dfts Mtn to Preclude the Imposition of Liquidated Damages at Tria l, 89 , is GRANTED IN PART AND DENIED IN PART asfollows:(a) The mtn is DENIED WITHOUT PREJUDICE as to the issue of liquidated damages under the ADEA. Defendant may raise this issue at the closeof Pltfs case and/or at the close of all of the evidence ; and,(b) The mtn is GRANTED as to the issue of liquidated damages pursuant to the PHRA. (3) Dfts Mtn to Preclude the Testimony of Richard Nardone, 90 , is DENIED;(4) Pltfs Mtn to Preclude the Expert Report and Testimony of James Stavros, 91 , is D ENIED;(5) Pltfs Mtn to Preclude the Expert Report and Testimony of Dr. Kevin Murphy and Expert Report of Dr. Frank Landy, 103 , is DENIED;(6) Pltfs Mtn to Preclude the Expert Report and Testimony of Dr. Bernard Siskin, 95 , is GRANTED.(7) Pltfs Mtn to Exclude any Evidence of Pltfs Successors/Replacements Beyond those Identified in Dfts Responses to Discovery Requests and those Identified in the Courts 2/12/10 Opinion and Order, 93 , is DENIED WITHOUT PREJUDICE;(8) Pltfs Mtn to Exclude Evidenc e that there was aReorganization or Position Elimination as Determined by the Courts 2/12/10 Opinion and Order, 101 , is DENIED;(9) Pltfs Mtn to Exclude the General Release Agreements, 99 , is GRANTED IN PART AND DENIED IN PART as follows:(a) The m otion is GRANTED as to Pltfs claims under the ADEA, and Dft is precluded from invoking the release in an attempt to bar those claims;(b) The motion is DENIED WITHOUT PREJUDICE as toPltfs claims under the PHRA. Dft may elicit evidence at trial concerningthe effect of the release as to these claims; and, (10) Pltfs Mtn to Exclude any Evidence of Pltfs Bokars, Monsuers, and Potoskis Failure to Reapply for the PSO-1 position, 97 is DENIED. Signed by Honorable Sylvia H. Rambo on 9/22/10 (ma, )

February 12, 2010

Filing 68 MEMORANDUM AND ORDER 1. Defendants Motion for Summary Judgment (Dkt. Entry 46) is DENIED. 2. A telephone scheduling conference shall be held on Thursday, March 4, 2010, at 10:00 a.m. Counsel for Plaintiffs is responsible for making the arrangements for the conference call. Signed by Honorable Thomas I. Vanaskie on 2/12/10. (jfg)

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