Kimberly Freeman v. Michael Astrue

MEMORANDUM

Kimberly Freeman (“Freeman”) appeals the district court’s judgment in favor of her former employer, the Social Security Administration (“SSA”), following a jury’s verdict in favor of SSA on her claim of racial discrimination under Title VII. Freeman challenges the district court’s ruling excluding evidence of race discrimination, and the court’s jury instruction on similarly situated employees, as well as a curative instruction. Freeman also challenges the grant of summary judgment on her claims of retaliation and hostile work environment. We affirm.

1. Freeman first argues that the district court abused its discretion when it excluded evidence of alleged negative treatment of African-American co-workers after she filed her offer of proof thirty-four minutes past the court imposed deadline. Federal Rule of Civil Procedure 16(f)(1) authorizes a district court to “issue any just orders, including those authorized by Rule 37(b) (2) (A) (ii)-(vii), if a party or its attorney ... fails to obey a scheduling or other pretrial order.” Rule 37(b)(2)(A)(ii) provides that a court may “prohibit[ ] the disobedient party from supporting or opposing designated claims or defenses, or…