Marilyn Gladle v. U. S. Department of Veterans Affairs

I. INTRODUCTION

Plaintiff Marilyn Gladle (“Gladle”) filed this action on January 5, 2015, against various defendants including the United States Department of Veterans Affairs (“the VA”), the VA’s Secretary, and several of the VA’s employees. Dkt. 1. Gladle’s Fifth Amended Complaint asserts her sole surviving claim: for denial of a reasonable disability accommodation during an earthquake drill conducted by the VA, in violation of the Rehabilitation Act of 1973 (the “Rehabilitation Act’). See Dkt. 36 (“FAC”). Trial is this matter is currently scheduled to begin on March 23, 2020. On October 19, 2020, the Secretary filed a motion in limine seeking to preclude the introduction of any evidence related to back pay to the jury. Dkt. 140 (“MIL”). Gladle filed an opposition on November 6, 2020. Dkt. 146 (“Opp’n’). The Court held a hearing on November 16, 2020. Having carefully considered the parties’ arguments, the Court finds and concludes as follows.

I. LEGAL STANDARD

“A motion in limine is a procedural mechanism to limit in advance testimony or evidence in a particular area.” United States v. Heller, 551 F.3d 1108, 1111 (9th Cir.…