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Johnson v. Albertsons, LLC, 2:18-CV-01678-RAJ. (2020)

Court: District Court, D. Washington Number: infdco20200227f43 Visitors: 5
Filed: Feb. 26, 2020
Latest Update: Feb. 26, 2020
Summary: ORDER GRANTING MOTION FOR RECONSIDERATION RICHARD A. JONES , District Judge . This matter is before the Court on Defendant's motion for reconsideration. Dkt. # 78. For the following reasons, the Court GRANTS the motion. I. DISCUSSION Motions for reconsideration are disfavored and will be granted only upon a "showing of manifest error in the prior ruling" or "new facts or legal authority which could not have been brought to [the court's] attention earlier with reasonable diligence." Loca
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ORDER GRANTING MOTION FOR RECONSIDERATION

This matter is before the Court on Defendant's motion for reconsideration. Dkt. # 78. For the following reasons, the Court GRANTS the motion.

I. DISCUSSION

Motions for reconsideration are disfavored and will be granted only upon a "showing of manifest error in the prior ruling" or "new facts or legal authority which could not have been brought to [the court's] attention earlier with reasonable diligence." Local R. W.D. Wash. ("LCR") 7(h)(1). Here, Defendant requests the Court reconsider its order excluding the testimony of Defendant's proposed witness, Rebecca Dean, regarding the findings of her investigation into Plaintiff's claims of gender discrimination. Dkt. # 78. Specifically, Defendant argues that the Court's decision limits Albertsons' ability to defend against Plaintiff's claim for punitive damages. Dkt. # 78 at 2. Defendant also offers a proposed limiting jury instruction that, it argues, will appropriately cure any potential prejudicial impact of Ms. Dean's testimony. Dkt. # 78 at 2.

After reconsideration, the Court finds that a limiting jury instruction, if read immediately preceding Ms. Dean's testimony, will be sufficient to mitigate any potential prejudicial effect to Plaintiff. Accordingly, the Court will permit Ms. Dean to testify regarding the fact that she performed an investigation, her ultimate findings, and any steps that she took upon completing her investigation. The Court will separately issue a limiting jury instruction that will be read to the jury immediately preceding Ms. Dean's testimony.

II. CONCLUSION

For the reasons stated above, the Court GRANTS Defendant's motion for reconsideration. Dkt. # 78.

Source:  Leagle

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