IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
J.L., et al., CIVIL ACTION
Plaintiffs,
NO. 20-1416-KSM
LOWER MERION SCHOOL DISTRICT,
Defendant.
ORDER
AND NOW, this 30th day of December, 2024, upon consideration of the parties’ motions in limine (Doc. Nos. 129–38), the responses thereto (Doc. Nos. 139–40, 142–47, 149–50), and the parties’ oral arguments, and for the reasons set forth in the accompanying Memorandum, it is ORDERED as follows:
1. Plaintiffs’ motion in limine to exclude ASHA Statement and Vosseller Consent Order (Doc. No. 134) is GRANTED IN PART and DENIED IN PART.
2. Plaintiffs’ motion in limine to preclude evidence on whether the District fulfilled its FAPE obligations and the administrative proceedings and subsequent decisions (Doc. No. 135) is GRANTED IN PART and DENIED IN PART.
3. Plaintiffs’ motion in limine to exclude evidence of fundamental alteration or undue financial or administrative burdens (Doc. No. 136) is DENIED AS MOOT.
4. Plaintiffs’ motion in limine to preclude opinion testimony of District’s lay witnesses (Doc. No. 137) is DENIED.
5. Plaintiffs’ motion in limine to preclude opinions of Dr. Howard Shane (Doc. No. 138) is GRANTED IN PART and DENIED IN PART. 2
6. Defendant’s motion in limine to preclude the expert testimony of Chad Staller and all testimony and evidence of educational loss (Doc. No. 129) is GRANTED IN PART and DENIED IN PART.
7. Defendant’s motion in limine to exclude argument or evidence of Plaintiff’s emotional distress or migraine headaches (Doc. No. 130) is DENIED.
8. Defendant’s motion in limine to exclude all facts or opinions not presented to or known by the District as of December 20, 2018 (Doc. No. 131) is DENIED.
9. Defendant’s motion in limine to exclude all evidence of other individuals who communicate with a letterboard (Doc. No. 132) is DENIED.
10. Defendant’s motion for a hearing pursuant to Federal Rules of Evidence 104 and 604 (Doc. No. 133) is DENIED.
It is FURTHER ORDERED that the parties shall meet and confer and submit the proposed stipulation and limiting instructions, as directed in the accompanying Memorandum, by January 3, 2025. IT IS SO ORDERED.
/s/ Karen Spencer Marston
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KAREN SPENCER MARSTON, J