MARTIN C. CARLSON, Magistrate Judge.
The plaintiff, "R.D.," commenced this action on June 3, 2016, alleging that the defendant, Shohola, Inc., is liable to him for the injuries he incurred when he was sexually assaulted on one of the defendant's overnight camping trips. The parties are currently preparing for trial on the remaining negligence claims in this lawsuit. As trial approaches, the parties have filed some 29 motions in limine, including two motions filed by the plaintiff, (Docs. 301, 347), and 28 motions submitted by the defendant. (Docs. 302-12, 15-29 and 360).
We now turn to consideration of one of these motions. The plaintiff in this case, R.D., is gay. As a young man, R.D. has also been treated for drug and alcohol addiction. The plaintiff has filed a motion in limine (Doc. 301), which seeks to bar references to his sexual orientation and alleged drug and alcohol use. From R.D.'s perspective, this evidence is both irrelevant and highly prejudicial. Defendant Shohola, in turn, has filed a response in opposition to this motion, arguing the relevance of these issues to some of the proposed psychiatric testimony in this case. (Doc. 331). In particular, Shohola notes that one major issue in this lawsuit relates to R.D.'s claim that he suffers from PTSD as a result of this assault, and R.D.'s assertion that the PTSD caused by this sexual assault is a substantial contributing factor to his other emotional impairments. Shohola notes that its own expert witness is prepared to testify that R.D. does not suffer from PTSD and that his other emotional impairments may be a product of what were unresolved issues of sexual identification. Accordingly, Shohola posits that evidence relating to these matters is directly relevant to these diagnostic issues and contends that any prejudice stemming from the presentation of this evidence can simply be addressed through a cautionary instruction. This motion has been briefed by the parties and is, therefore, ripe for resolution.
Presented with this binary choice proffered by counsel, for the reasons set forth below, we choose a third path. We will grant the motion in limine in part, and direct that no evidence or argument regarding R.D.'s sexual orientation or drug and alcohol use will be made without a prior offer of proof and authorization by the court. To the extent that testimony or argument is permitted, it will be strictly limited to the offer of proof made by the moving party, and we will fashion appropriate cautionary instructions guiding the jury in its consideration of this evidence.
The Court is vested with broad inherent authority to manage its cases, which carries with it the discretion and authority to rule on motions in limine prior to trial.
Such motions call upon us to strike an appropriate balance between principles which shape the philosophy behind the rules of evidence. At the outset, the Federal Rules of Evidence can aptly be characterized as evidentiary rules of inclusion, which hold that: "Under [Rule] 401, evidence is relevant if it has `any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.'"
Fed. R. Evid. 402.
Cast against these principles favoring admission of relevant evidence is the concept embraced by Rule 403, which provides that:
Fed. R. Evid. 403. Furthermore, while the Third Circuit encourages a cautious approach to the pre-trial exclusion of evidence on the grounds of undue prejudice,
Questions of sex, sexuality, and sexual identity are one such area. Despite the progress of the law in this field,
This case squarely presents such issues and the parties have offered us a binary choice. Citing the potential prejudice which may flow from such inquiries, the plaintiff urges us to exclude any such evidence. Given the prejudice which can flow from the unregulated introduction of such evidence, the plaintiff is justified in raising this concern.
The plaintiff's motion in limine (Doc. 301) is GRANTED in part as follows:
First, prior to any argument, questioning, or presentation of evidence relating to R.D.'s sexual orientation and alleged drug and alcohol use, the proponent of that evidence will make a detailed offer of proof outside the presence of the jury addressing the countervailing concerns set forth in this order.
Second, to the extent that the party proposing such evidence or argument is granted leave to present these matters to the jury, the proponent of the evidence will be strictly limited to the offer of proof made by the moving party and may not use the evidence for any other purpose.
Third, any evidence admitted pursuant to this process will be admitted subject to specific cautionary instructions which will: (1) identify the specific purpose for which the evidence is being admitted; (2) admonish the jury that it may not use the evidence for any other purpose; and (3) instruct the jury that it must fairly consider all of the evidence in reaching a verdict, setting aside any prejudices, biases, or pre-conceived notions.
So ordered.