UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JEAN-ROBERT CADET

Plaintiff

vs

MADEIRA CITY SCHOOL DISTRICT

BOARD OF EDUCATION

MICHELE W. HUMMEL

CHRIS J. MATE

PAUL W. IMHOFF

Defendants

CASE NO. C-1-01-131

(Judge Herman J. Weber)

DEFENDANTS’ MOTION IN LIMINE TO

EXCLUDE PLAINTIFF’S EXHIBITS AND

WITNESSES

Now come defendants, Madeira City School District Board of Education,

Michele W. Hummel, Chris J. Mate and Paul W. Imhoff, (collectively hereinafter

“Madeira”), and move this Court to exclude from introduction at trial of any witness

or exhibit concerning allegations of harassment by non-parties or complaints and

communications from parents concerning plaintiff’s resignation from the school

district. Such evidence is irrelevant, has little if any probative value, is likely to

Case 1:01-cv-00131-TSH Document 56 Filed 09/16/2003 Page 1 of 5
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confuse the issues and mislead the jury, and has no application to the claims of

plaintiff. This motion is supported by the attached memorandum.

/s/ R. Gary Winters 

R. Gary Winters 0018680

Bernard W. Wharton 0063487

Attorneys for Defendants

McCASLIN, IMBUS & McCASLIN

Suite 900 Provident Bank Building

632 Vine Street

Cincinnati, OH 45202-2442

(513) 421-4646

CERTIFICATE OF SERVICE

I hereby certify that on the 16th day of September, 2003, a copy of the

foregoing document was filed electronically. Notice of this filing will be sent to all

parties by operation of the Court’s electronic filing system. Parties may access this

filing through the Court’s system.

s/ R. Gary Winters 

R. Gary Winters 0018680

Bernard W. Wharton 0063487

Attorneys for Defendants, Madeira City 

School District Board of Education, Michele

W. Hummel, Chris J. Mate, Paul W. Imhoff 

Suite 900 Provident Building

632 Vine Street

Cincinnati, OH 45202-2442

(513) 421-4646 (phone)

(513) 421-7929 (fax)

rgarywinters@zoomtown.com

bwharton@zoomtown.com

Case 1:01-cv-00131-TSH Document 56 Filed 09/16/2003 Page 2 of 5
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 UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

JEAN-ROBERT CADET

Plaintiff

vs

MADEIRA CITY SCHOOL DISTRICT

BOARD OF EDUCATION

MICHELE W. HUMMEL

CHRIS J. MATE

PAUL W. IMHOFF

Defendants

CASE NO. C-1-01-131

(Judge Herman J. Weber)

DEFENDANTS’ MEMORANDUM IN

SUPPORT OF MOTION IN LIMINE TO

EXCLUDE PLAINTIFF’S EXHIBITS AND

WITNESSES

Rule 403 of the Federal Rules of Civil Procedure provides that evidence may

be excluded if its probative value is substantially outweighed by the danger of unfair

prejudice, confusion of the issues, or misleading the jury, or by considerations of

undue delay, waste of time, or needless presentation of cumulative evidence. In

the instant case, proposed witnesses and trial exhibits of plaintiff relating to

allegations of harassment suffered by non-parties or complaints and

communications of parents concerning the plaintiff’s resignation should not be

permitted at trial because any probative value of such evidence is substantially

outweighed by the danger of confusion of the issues, misleading of the jury or the

lack of relevance to the issues presented by plaintiff’s claims. 

Case 1:01-cv-00131-TSH Document 56 Filed 09/16/2003 Page 3 of 5
4

In a hostile work environment claim, statements of stray comments by nondecisionmakers are insufficient to indicate discrimination. Smith v. Leggett Wire

Company, 220 F.3d 752, 759-760 (6th Cir. 2000). Furthermore, the prima facie

case of a hostile work environment claim requires an employee to show that he

was subject to unwelcome racial harassment. See Parks v. City of Chattanooga,

2003 U.S. App. LEXIS 14471 (6th Cir. July 16, 2003). Evidence of allegations of

racial harassment suffered by non-parties, such as students, do not bear on

whether the plaintiff himself was subject to unwelcome racial harassment. 

Moreover, comments by students towards other students are analogous to

stray comments made by non-decisionmaking and, as such, are irrelevant and

inadmissible. The tests for a hostile work environment claim concern the plaintiff

himself and not whether other persons who are not parties to the lawsuit allege

unwelcome racial harassment. Accordingly, any evidence put forth by students

concerning their own experiences at Madeira have no relevance and will confuse

the issues and mislead the jury. 

A similar argument merits the exclusion of the testimony of various parents

who were concerned about plaintiff’s resignation. There is no evidence that any of

the parents have admissible evidence concerning the prima facie elements of

plaintiff’s claims or the affirmative defenses of Madeira. These letters and

expected testimony simply reflect parents’ concerns over what they had heard

about the reasons for plaintiff’s resignation. Any knowledge of the parents is

Case 1:01-cv-00131-TSH Document 56 Filed 09/16/2003 Page 4 of 5
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based on hearsay evidence and is inadmissible on those grounds. Furthermore,

the parents have no evidence to offer to assist the jury in their deliberations on

plaintiffs’ claims and will lead to the confusion of issues and misleading of the jury

if their testimony was permitted into evidence. 

/s/ R. Gary Winters 

R. Gary Winters 0018680

Bernard W. Wharton 0063487

Attorneys for Defendants

McCASLIN, IMBUS & McCASLIN

Suite 900 Provident Bank Building

632 Vine Street

Cincinnati, OH 45202-2442

(513) 421-4646

CERTIFICATE OF SERVICE

I hereby certify that on the 16th day of September, 2003, a copy of the

foregoing document was filed electronically. Notice of this filing will be sent to all

parties by operation of the Court’s electronic filing system. Parties may access this

filing through the Court’s system.

s/ R. Gary Winters 

R. Gary Winters 0018680

Bernard W. Wharton 0063487

Attorneys for Defendants, Madeira City 

School District Board of Education, Michele

W. Hummel, Chris J. Mate, Paul W. Imhoff 

Suite 900 Provident Building

632 Vine Street

Cincinnati, OH 45202-2442

(513) 421-4646 (phone)

(513) 421-7929 (fax)

rgarywinters@zoomtown.com

bwharton@zoomtown.com

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