J. RANDAL HALL, District Judge.
Presently before the Court are Defendant's motions in limine (doc. 73). Defendant timely filed the motion on November 11, 2014. Plaintiffs raised a motion in limine on November 18, 2014 (doc. 74). Pursuant to this Court's Order and Notice of Pretrial Proceedings (doc. 66), all evidentiary motions were due by close of business on November 11, 2014, and all responses were due by close of business on Friday, November 21, 2014,
As a preliminary matter, with the exception of one issue, Plaintiff has failed to respond to Defendant's motions in limine. Pursuant to Local Rule 7.5, "Wailure to respond within the applicable time period shall indicate that there is no opposition to a motion." LR SDGa 7.5;
Defendant raises a number of pre-trial motions, which as the Court explained above are deemed unopposed. Specifically, Defendant moved to exclude (1) testimony based on hearsay; (2) evidence regarding emotional injury; (3) evidence regarding any dismissed or proposed claim not allowed by the court; (4) evidence of front pay; (5) evidence that Defendant pressured Plaintiff Dyals to retire; (6) testimony as to why Tom Flanders was not laid off; (8) testimony inconsistent with deposition testimony; and (9) "other improper evidence."
As to the hearsay motion, Defendant points to his previously-filed Motion for Reconsideration (doc. 67), wherein he makes a number of arguments regarding specific hearsay statements. In that motion, Defendant cites three instances of hearsay: a statement relayed to Plaintiffs that Defendant allegedly said, "Why would get rid of a younger deputy when I can get rid of a Bill Argo or Roger Dyals?"; statements from Kevin Barber to Plaintiffs about how Defendant was determined to get rid of the "greybeards"; and a chart created from Defendant's payroll records showing a pattern of age discrimination.
As to these three statements, the Court grants Defendant's motion as unopposed. Beyond these three instances, Defendant claims that "most of the testimony in this case is going to be based on inadmissible hearsay or rumored beliefs that Sheriff Gregory discriminated against the Plaintiffs based on their age." (Doc. 73 at 5.) To the extent Defendant seeks to exclude any and all possible instances of hearsay that may come up at trial, the Court reminds the parties that it strictly adheres to the Federal Rules of Evidence. Upon a timely objection, then, the Court will address any hearsay arguments Defendant might raise. Accordingly, the Court finds the above-listed motions to be unopposed and
Defendant also seeks to exclude the testimony of Jeremy Rogers, Carol Coats, and other former employees who might testify that they were terminated because of age. Plaintiff filed a motion in limine on November 18, 2014 to include the testimony of these individuals, which was filed beyond the deadline for motions in limine. However, because the issue is one raised by Defendant in his motion, the Court construes Plaintiffs' motion as one in response.
Defendant challenges this evidence as irrelevant
The relevance and prejudicial effect of this evidence requires further review from this Court, particularly regarding the circumstances surrounding the terminations of these third-party employees and their work experiences.
Defendant also raises a number of objections to Plaintiffs' exhibit list:
Because Plaintiff has failed to respond, the above-listed objections are deemed unopposed. Thus, Plaintiffs are (1) limited to using depositions, declarations, and affidavits for impeachment purposes only and (2) prohibited from introducing the above-listed e-mails, summary, and financial report at trial.
As to Exhibit 30, the Court agrees with Defendant that the description is impermissibly vague. Pursuant to the pretrial order, the parties were to list all documents and physical evidence they anticipated using at trial. The parties could then object in writing to any of those exhibits, and items not objected to would be admitted when tendered at trial. Here, Plaintiffs have, with just one exhibit, listed a potentially infinite number of documents. Defendant cannot be expected to object in any meaningful way prior to trial. Plaintiffs have not responded to the objection or sought leave to amend the pretrial order to specifically list other proposed exhibits. Thus, the Court holds that Plaintiffs' Exhibit 30 is excluded from evidence, and Plaintiffs shall be limited to those documents remaining in the pretrial order.
Based on the foregoing, Defendant's motions in limine are deemed unopposed and