Bolin v. Harvard Protection Services, Inc.

277 F. App'x 102
CourtCourt of Appeals for the Second Circuit
DecidedMay 13, 2008
DocketNo. 06-4903-cv
StatusPublished
Cited by2 cases

This text of 277 F. App'x 102 (Bolin v. Harvard Protection Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bolin v. Harvard Protection Services, Inc., 277 F. App'x 102 (2d Cir. 2008).

Opinion

SUMMARY ORDER

Plaintiff-appellant Roland Camacho appeals from the September 27, 2006 judgment of the United States District Court for the Eastern District of New York, entered after a jury verdict in favor of defendants on all of Camacho’s claims, including his principal claim of retaliation in violation of 42 U.S.C. § 1981. We assume the parties’ familiarity with the underlying facts and procedural history of the case.

Camacho appeals on the grounds that (1) several of the district judge’s evidentia-ry rulings precluded Camacho from having a full and fair opportunity to try his case, (2) the district judge abused his discretion by failing to rule on the issue of successor liability, and (3) the district judge abused his discretion by allowing defendants to file an untimely amended answer. Camacho also argues that defendants should be sanctioned for alleged misrepresentations made to the district court and for failure to produce all relevant documents. Camacho seeks reversal with instructions to enter judgment against defendants, or, failing that, a new frial.

We review evidentiary rulings “under a deferential abuse of discretion standard and give district court judges ‘wide latitude in determining whether evidence is admissible at trial.’ ” Meloff v. New York Life Ins. Co., 240 F.3d 138, 148 (2d Cir. 2001) (quoting Caruolo v. John Crane, Inc., 226 F.3d 46, 54 (2d Cir.2000)). A district judge’s rulings under Fed.R.Civ.P. 6(b) are also reviewed for abuse of discretion. Sanozky v. Int’l Ass’n of Machinists & Aero. Workers, 415 F.3d 279, 283-84 (2d Cir .2005).

Camacho argues that the district judge excluded the testimony of Ezekielisha An-selme. That is not a correct reading of the record. The district judge asked Camacho’s counsel if he was going to call An-selme, and counsel responded, “No.” Counsel informed the court that a subpoena had been served on Anselme, but that, given the pace of the trial and the fact that Anselme would probably not be present that afternoon, counsel would have to resolve the issue of whether Anselme would testify at all. Two days later, Anselme became available to testify. However, at that point the defense had rested and summations were about to begin. The district judge declined to delay the trial for An-selme’s late testimony, finding that further discrimination testimony would be cumula[104]*104tive. The district judge’s decision was not an abuse of discretion.

Camacho argues that the district judge prevented him from presenting statistical evidence of discrimination. Camacho’s appeal on this issue is without merit. Four years before trial, the magistrate judge denied plaintiffs’ motion to amend their complaint to allege wage disparity. The wage disparity claim would have been based on statistical evidence regarding the average rates of pay offered to white and black workers. The magistrate judge ruled against plaintiffs because the wage disparity claim did not arise out of the same conduct as the original complaint and was otherwise time barred. The district judge, in an order dated February 24, 2003, adopted the recommendation of the magistrate judge regarding the wage disparity claim. That order was not an abuse of discretion.

Camacho argues that the district judge limited his testimony regarding the foul language used by one of his supervisors, Mirjana Mirjanie. Camacho has again characterized the record incorrectly. The district judge precluded testimony regarding another employee’s deposition, at which the employee recalled hearing from Camacho about Mirjanic’s foul language. The district judge found that the employee’s testimony would be irrelevant as to whether Mirjanie had actually used foul language. Camacho, however, was free to testify that Mirjanie had used such language, and the district judge stated, “I’m not restraining you from arguing that. I’m not even restraining you from arguing whether she has been truthful about whether she used profanity....” Camacho’s appeal on this ground is without merit.

Camacho also argues that the district judge prejudiced the jury by remarking that one of Camacho’s sexually charged comments to Mirjanie was “obviously a legitimate basis for a termination.” District judges “are given discretion to manage trials so that evidence is effectively presented.” United States v. Quattrone, 441 F.3d 153, 183 (2d Cir.2006). The right to a fair trial is infringed only when “a judge’s questions, and comments convey to the jury that the judge disbelieves the defendant’s testimony.” Id. “[T]he trial court may actively participate and give its own impressions of the evidence or question witnesses, as an aid to the jury, so long as it does not step across the line and become an advocate for one side.” United States v. Filani, 74 F.3d 378, 385 (2d Cir. 1996).

The district judge’s comments were not prejudicial. The district judge was responding to a confusing line of questioning pursued by Camacho’s counsel, who was eliciting irrelevant testimony that Mirjanic, as Camacho’s supervisor, had no quid pro quo sexual harassment claim against Camacho. The district judge reminded the parties and the jury that the relevant issue was Camacho’s termination, not a claim by Mirjanie for sexual harassment. Camacho’s appeal on this issue is without merit.

Camacho argues that the district judge made a “blanket ruling” to bar all evidence of discrimination and then applied its blanket rule unfairly. Nothing in the record supports Camacho’s argument that the district judge instituted such a blanket rule. On the contrary, Camacho and another terminated employee, Orville Bolin, testified at length regarding their allegations of discrimination. The district judge did exclude documentary evidence in the form of certain personnel documents relating to four nonparty former employees. The district judge excluded this evidence pursuant to Rule 403, finding that the probative value of these documents was “far out[105]*105weighed” by the unnecessary confusion it would cause among jury members. Because Mirjanic denied termmating these four employees, the district judge was concerned that admitting the documents would lead “down four separate litigation roads that aren’t necessary to the outcome of this litigation.” This ruling was not an abuse of discretion.

Camacho appeals from the district judge’s limiting instruction to the jury regarding Bolin. The district judge ruled that Bolin could testify regarding his discrimination lawsuit, but the merits of his underlying claim, which he settled, would not go before the jury. The district judge did not want to create a trial within a trial. His ruling was not an abuse of discretion.

Camacho argues that he was prejudiced by the court’s failure to decide whether Harvard Protection Services, LLC, was a successor to Harvard Protection Services, Inc., as a matter of law.

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Bluebook (online)
277 F. App'x 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bolin-v-harvard-protection-services-inc-ca2-2008.