Rasberry ex rel. Situated v. Columbia Cnty.

385 F. Supp. 3d 792
CourtDistrict Court, S.D. New York
DecidedApril 4, 2019
DocketCase No. 1:16-CV-1074
StatusPublished
Cited by3 cases

This text of 385 F. Supp. 3d 792 (Rasberry ex rel. Situated v. Columbia Cnty.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rasberry ex rel. Situated v. Columbia Cnty., 385 F. Supp. 3d 792 (S.D.N.Y. 2019).

Opinion

Susan O. Hickey, Chief United States District Judge

Before the Court is Plaintiffs' Motion in Limine. ECF No. 65. Defendant has filed a response. ECF No. 68. The Court finds this matter ripe for consideration.

I. DISCUSSION

In the instant motion, Plaintiffs seek the exclusion of numerous categories of evidence. The Court will address each in turn.1

A. References to Plaintiffs' Prior Civil Lawsuits and Bankruptcies

Plaintiffs first seek exclusion of references to Plaintiffs' prior civil lawsuits or bankruptcies. Plaintiffs assert that references to other civil lawsuits and/or bankruptcies would only be used to portray Plaintiffs as bad characters and would be irrelevant to the central issues of this case. Plaintiffs argue that if such evidence were allowed, it would be unfairly prejudicial and would mislead and/or confuse the jury.

In response, Defendant states that it does not intend to discuss other civil lawsuits for the purposes of portraying Plaintiffs as litigious or "desperate for money." ECF No. 68, p. 2. However, Defendant argues that it "should be allowed to inquire about the bankruptcy or poor financial condition of any Plaintiff at the time they were notified of the suit, as a reasonable *795juror could draw an inference of fabrication, especially in conjunction with evidence of no prior complaints (when finances were better) and no intention to pursue the case on their own." ECF No. 68, p. 2. However, Defendant states that should such evidence become relevant, defense counsel will first seek guidance from the Court outside of the hearing of the jury before proceeding.

Upon consideration, the Court agrees with Plaintiffs that, generally, as this case concerns alleged overtime violations, evidence concerning any other lawsuit, including bankruptcies, any Plaintiff has taken part in would be irrelevant. Likewise, in regard to Defendant's desire to reference a given plaintiff's past bankruptcy to infer that the present overtime claims are fabricated, the Court finds that any probative value of such evidence would be substantially outweighed by the danger of undue prejudice, confusing the issues, and misleading the jury. Accordingly, Plaintiffs' request as to this issue should be and hereby is GRANTED .

That being said, it appears that Defendant may wish to use prior sworn testimony of one or more Plaintiffs as a means of impeachment. To the extent that is the case, the Court will not prohibit such action at this time, but will address that issue when-and if-it is necessary to do so at trial. In the event either party wishes to introduce any evidence or elicit testimony that may be covered by the present ruling, counsel must first approach the bench.

B. Testimony, Evidence, or Argument of or About any Jailer Who is Not a Current Plaintiff in this Suit

Plaintiffs next seek exclusion of any testimony, evidence, or argument of or about any other jailer who is not currently part of the present suit. Plaintiffs contend that this case concerns what they "did during their employment and how many hours they worked" and, accordingly, references or evidence concerning other jailers not part of the case would be irrelevant and unduly prejudicial.

In response, Defendant appears to assert that it should be permitted to discuss the fact that out of "nearly 50 notices" sent out to Defendant's employees, only a small number chose to pursue recovery for alleged overtime violations. Defendant argues that the fact that a very small number of individuals sought to join in the present action speaks to Plaintiffs' credibility. Defendant states that Plaintiffs seek exclusion of such evidence because the jury could infer that Plaintiffs' "complaints are not shared by the other jailers because they are not accurate." ECF No. 68, p. 2. Defendant, likewise, asserts that the jury will infer that because multiple individuals are claiming that there were overtime violations, that there may have been. Accordingly, Defendant argues that it should be permitted to present argument regarding those individuals who do not seek recovery to counteract this inference.

Upon consideration, the Court agrees with Plaintiffs that, because this case concerns alleged overtime violations in regard to only Plaintiffs and the FLSA opt-in plaintiffs, evidence concerning any other jailers who are not a part of the present lawsuit would be irrelevant. Likewise, even if such evidence was relevant, its probative value would be substantially outweighed by a danger of undue prejudice. Accordingly, Plaintiff's request as to this issue should be and hereby is GRANTED .

C. References to Any Other Employment of Plaintiffs

Plaintiffs also seek the exclusion of references to any other employment held by *796them, both before and after they worked for Defendant. Plaintiffs argue that evidence concerning their other employers is irrelevant and would waste time, confuse the issues, confuse the jury, and be unduly prejudicial if admitted.

In response, Defendant states that it does not intend to discuss Plaintiffs' prior or subsequent employment. Defendant further states that should such evidence become relevant, defense counsel will first seek guidance from the Court outside of the hearing of the jury.

Accordingly, Plaintiff's request as to this issue should be and hereby is GRANTED .

D. Evidence and Arguments that Plaintiffs Agreed to or Did Not Complain About Their Classification as Exempt or Overtime Hours Worked or that Plaintiffs Self-Identified as Exempt Employees

Plaintiffs further seek exclusion of evidence and arguments concerning whether they agreed to or failed to complain about the alleged overtime violations or that they identified themselves as being exempt from the controlling overtime laws. Plaintiffs argue that such evidence is not relevant to whether they were exempt from the relevant overtime law or actually worked compensable overtime hours. Likewise, Plaintiffs assert that such evidence would also be unfairly prejudicial, confuse the issues, and/or mislead the jury.

In response, Defendant states that it is not aware of any Plaintiff self-identifying himself or herself as "exempt," but states that at least one Plaintiff has testified "that she worked a job ... with the County that would, in all likelihood, qualify her for exemption." ECF No. 68, p. 3. Defendant asserts that this Plaintiff's prior sworn testimony is relevant, especially in light of Defendant's belief that this Plaintiff will testify about working in a different position. Accordingly, it appears that Defendant may refer to this Plaintiff's prior statements as a means of impeachment. Defendant further argues that Plaintiffs' failure to complain prior to this lawsuit about alleged overtime violations is relevant as to the questions of whether they worked compensable overtime or can prove that they did.

Upon consideration, the Court agrees with Plaintiffs. The overtime provisions of the FLSA are statutory and cannot be waived. See Reich v. Stewart ,

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Bluebook (online)
385 F. Supp. 3d 792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rasberry-ex-rel-situated-v-columbia-cnty-nysd-2019.