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DeSanto v. Rowan University

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


September 13, 2002

DR. ANDREW C. DESANTO, PLAINTIFF,
v.
ROWAN UNIVERSITY, DEAN DAVID KAPEL, JANE ROE, JOHN DOE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Stephen M. Orlofsky

ORDER

This matter having come before the Court on the Motion in limine of Defendants, Rowan University and Dean David Kapel, David Samson, Esq., Attorney General of New Jersey, Jane A. Greenfogel, Esq., Deputy Attorney General, Linda V. Alexander, Esq., Deputy Attorney General, appearing on behalf of Defendants; Dennis K. Kuroishi, Esq., The Office of Frederic J. Gross, Esq., appearing on behalf of Plaintiff; and,

The Court having considered the submissions of the Parties; and,

For the reasons set forth in the Opinion filed concurrently with this Order;

IT IS, on this 22nd day of August, 2002, HEREBY ORDERED that:

(1) the motion to prohibit Plaintiff from introducing evidence or testimony regarding his entitlement to or property interest in tenure is GRANTED;

(2) the motion to bar Plaintiff from receiving the equitable relief of a tenured position is GRANTED;

(3) the motion to preclude introduction of documents or testimony of Defendants' Affirmative Action Plan is DENIED;

(4) the motion to preclude introduction of evidence pertaining to Plaintiff's claims of discrimination based on "national origin" is GRANTED;

(5) the motion to preclude introduction of evidence relevant to hiring decisions before August 20, 1997 is DENIED;

(6) the motion to preclude introduction of "other acts" evidence is GRANTED;

(7) the motion to preclude introduction of Plaintiff's Exhibit 10 is GRANTED;

(8) the motion to bar the testimony of Dr. Donald L. Gephardt is GRANTED;

(9) the motion to preclude Plaintiff from calling Dr. Gallinelli as a witness is DENIED;

(10) the motion to preclude certain "stray remarks" is DENIED;

(11) the motion to preclude the introduction of Plaintiff's Exhibit 16 and the testimony of F. Jeffrey Friedlin, M.D. is GRANTED;

(12) the motion to exclude Plaintiff's Witness, George Brent as "unavailable" pursuant to Fed. R. Evid. 804(a)(1) is DENIED WITHOUT PREJUDICE, pending a Rule 104 hearing at trial;

(13) the motion to exclude George Brent's out-of-court statements as hearsay is DENIED;

(14) the motion to limit the use of "overload contracts" is DENIED under the limitations set forth above;

(15) the motion to preclude Plaintiff from introducing evidence of "front pay" during the liability phase of the trial is DENIED; and,

(16) the motion to bar Plaintiff from eliciting evidence relevant to punitive damages during the liability phase of the trial is DENIED.

20020913

© 2002 VersusLaw Inc.



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