Free Motion in Limine - District Court of Connecticut - Connecticut

Case 3:00-cv-01124-WIG Document 169 Filed 05/11/2007 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
DENISE EVARTS, : CIVIL ACTION NO.
: 3:00CV1124 (WIG)
Plaintiff, :
THE SOUTHERN NEW ENGLAND
TELEPHONE COMPANY, :
Defendant. MAY 10, 2007
DEFENDANT’S MOTION IN LIMINE RE IANNIELO TESTIMONY
OR, IN THE ALTERNATIVE, TO BIFURCATE TRIAL
Defendant Southern New England Telephone Company (“SNET") respectfully
moves in limine to preclude the reference to or introduction into evidence of testimony
from former SNET employee David Iannielo concerning Matt Cordner’s alleged
comments regarding women working at SNET. As a result of this Court’s Ruling on
Defendant’s Motion for Summary Judgment, the issue remaining in this matter is whether
plaintiff Denise Edvarts was subjected to a hostile work environment based upon her
gender. Because Ms. Evarts did not even know about Mr. Cordner’s alleged comments
until years after leaving SNET, such alleged comments cannot support a claim that her
1 work environment was hostile. As detailed more fully in the memorandum of law that
SNET files with this motion, this Court should exclude this testimony because it is
irrelevant, likely to confuse the jury, and its probative value, if any, is wholly outweighed
by the danger of unfair and irreparable prejudice to SNET.
ORAL AR G UMENT REQUESTED

Case 3:00-cv-01124-WIG Document 169 Filed 05/11/2007 Page 2 of 3
Alternatively, in the event that this Court should decline to exclude this testimony,
SNET moves that the Court bifurcate trial in this matter into two phases. During the
first phase, the parties would present evidence relating to plaintiffs claim that her
environment was objectively and subjectively hostile. Ianniel0’s testimony has no
connection to this issue and would not be allowed during this phase. In the event that
plaintiff satisfies her burden to establish such a legally "hostile" environment, during the
second phase the parties would present evidence addressing whether plaintiffs work
environment was "hostile” because of gender and whether SNET is liable to plaintiff for
this environment. SNET respectfully submits that by bifurcating the trial in this way, the
Court would reduce some of the prejudice to SNET by not having the jury consider the
Iannielo testimony when deciding whether the conduct plaintiff claims rose to the level of
a hostile work enviromnent.
Dated at North Haven, Connecticut this 10th day of May, 2007.
THE DEFENDANT,
THE SOUTHERN NEW ENGLAND
TELEPHONE COMPANY
By L gJ`V]_' L6-
Lori B. Alexander
Federal Bar No. CT 08970
Theresa M. Waugh
Federal Bar No. CT23559
LITTLER MENDELS ON, P.C.
ll0 Washington Avenue, 3rd Floor
North Haven, Connecticut 06473
Telephone: (203) 234-6344
Facsimile: (203) 234-6345
E-Mail: [email protected]
E-Mail: [email protected]
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Case 3:00-cv-01124-WIG Document 169 Filed 05/11/2007 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that a copy of the foregoing was mailed by first-class mail,
postage prepaid to all counsel and pro se parties of record on this 10th day of May, 2007,
as follows: Karen Torre, Esquire, Law Offices of Karen Lee Torre, 51 Elm Street, Suite
307, New Haven, Connecticut 06510.
\, * V
D4; fj . /4//»/A
Lori B. Alexander
Federal Bar No. CT08970
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