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Wilkes v. Sears Holding Corp.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 15, 2009

MARLENE WILKES, PLAINTIFF,
v.
SEARS HOLDING CORPORATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Arlene R. Lindsay United States Magistrate Judge

ORDER

LINDSAY, Magistrate Judge

The plaintiff's motion to preclude the defendants from asserting that she was the worst performing Director of Stores, that her stores showed the least improvement, or that she was going in the wrong direction (or words to that effect) is denied. In addition, the plaintiff may not call William Signorelli, Andy Mollo or Marcia Joseph as trial witnesses. These witnesses were not identified during discovery and were not included in the joint pretrial order adopted by the court in January 2008. Accordingly, the plaintiff may not now seek to introduce their testimony at trial.

Central Islip, New York

SO ORDERED:

20090715

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