WILLIAM JOHNSON, District Judge
THIS MATTER comes before the Court upon a Motion in Limine to Exclude Testimony of Dr. M. Brian McDonald, filed by Defendant Central Regional Educational Cooperative ("CREC") on May 27, 2003 ( Doc. 181). Dr. McDonald's testimony will be offered to show Plaintiff's loss of income. Although this Motion in Limine is scheduled for oral argument on June 4, 2003, the Court, after reviewing the relevant pleadings and applicable circuit precedent, finds that oral argument would not be of assistance to the Court.
A plaintiff is not entitled to damages from loss of income absent showing of actual or constructive discharge.Mallinson-Montague, et al., v. Pocrnick, 224 F.3d 1224, 1235 (10th Cir. 2000) (where jury found that employees had resigned from their jobs and were not constructively discharged, employees were not entitled to back and front pay); Satterwhite v. Smith, 744 F.2d 1380, 1381 n. 1 (9th Cir. 1984) (an employee who resigns cannot secure backpay unless his employer constructively discharged him), cited in Sanchez et al. v. City of Santa Ana et al., 915 F.2d 424, 431 (9th Cir. 1990);Caviness v. Nucor-Yamato Steel Co. et al., 105 F.3d 1216, 1219 (8th Cir. 1997) (backpay and frontpay available as remedies in case of sexual harassment that resulted in constructive discharge); Winsor v. Hinckley Dodge, Inc., 79 F.3d 996, 1001 (10th Cir. 1996) (remedies of backpay and reinstatement are not available to a plaintiff unless plaintiff was constructively discharged).
Plaintiff's contention that she was constructively discharged was rejected in this Court's memorandum opinion and order entered March 6, 2003 granting summary judgment on Plaintiff's claim of constructive discharge (Doc. 145 at 12). Since backpay and/or frontpay is no longer available as a measure of Plaintiff's damages, testimony and evidence pertaining to loss of income would be irrelevant and confusing to a jury. Thus, the testimony of Dr. McDonald and any testimony or evidence concerning loss of wages or income shall be excluded at trial.
THEREFORE,
IT IS ORDERED that the Motion in Limine to Exclude Testimony of Dr. M. Brian McDonald, filed by Defendant Central Regional Educational Cooperative ("CREC") (Doc. 181) is hereby GRANTED.
IT IS FURTHER ORDERED that the Court shall hear argument on the remaining pretrial motions on June 4, 2003 at 1:30 p.m.