United States District Court, Southern District of New York
April 18, 2003
LATINO OFFICERS ASSOCIATION CITY OF NEW YORK, INC., ETC., ET AL., PLAINTIFFS,
THE CITY OF NEW YORK, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge
Defendants move for an order limiting the number of non-statistical evidence witnesses plaintiffs may offer in the pattern and practice liability phase of this employment discrimination class action. They reasonably point out that "the liability phase [of such a case] is largely preoccupied with class-wide statistical evidence directed at establishing an overall pattern or practice of intentional discrimination" and note this Court's undoubted power under Fed.R.Evid. 403 "to ensure that the liability phase remains manageable" by "limit[ing] the anecdotal evidence" of discrimination. Def. Mem. 3 (quoting Robinson v. Metro North Commuter R.R. Co., 267 F.3d 147, 168 (2d Cir. 2001). They fail, however, to offer any reasoned framework for exercising that power. In any case, it is too early in this litigation to pass on this issue.
Accordingly, the motion is denied without prejudice to renewal following disposition of any controversies concerning the admissibility of statistical evidence and on a more reasoned approach to ensuring that the trial remains within appropriate limits. See, e.g., Evans v. Port Authority of New York and New Jersey, No. 00 Civ. 5753 (LAK), 2003 WL 470540 (S.D.N.Y. Feb. 25, 2003).
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