Don H. Hullman v. Bd. of Trs. of Pratt Cmty. Coll., a Pub. Corp., 950 F.2d 665 (10th Cir. 1992). · Go Syfert
Don H. Hullman v. Bd. of Trs. of Pratt Cmty. Coll., a Pub. Corp., 950 F.2d 665 (10th Cir. 1992). Cases Citing This Book View Copy Cite
110 citation events (55 in the last 25 years) across 10 distinct courts.
Strongest positive: Black v. Union Pacific Railroad Company (ksd, 2024-04-12)
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discussed Cited as authority (verbatim quote) Black v. Union Pacific Railroad Company
D. Kan. · 2024 · quote attribution · 1 verbatim quote · confidence high
the pretrial order supersedes the pleadings and controls the subsequent course of litigation.
discussed Cited as authority (verbatim quote) Painter v. Midwest Health, Inc.
D. Kan. · 2021 · quote attribution · 1 verbatim quote · confidence high
the pretrial order supersedes the pleadings and controls the subsequent course of litigation.
discussed Cited as authority (verbatim quote) RCHFU, LLC v. Marriott Vacations Worldwide Corporation (2×) also: Cited as authority (rule)
D. Colo. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence high
issues not preserved in the pretrial order have been eliminated from the action, and a party who did not so preserve an issue may not use it in resisting a motion for summary judgment
discussed Cited as authority (verbatim quote) Bowers v. Netsmart Technologies, Inc.
D. Kan. · 2021 · quote attribution · 1 verbatim quote · confidence high
ssues not preserved in the pretrial order have been eliminated from the action, and a party who did not so preserve an issue may not use it in resisting a motion for summary judgment.
discussed Cited as authority (verbatim quote) Jackson v. Kansas City KS Public Schools
10th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
the pretrial order supersedes the pleadings and controls the subsequent course of litigation.
discussed Cited as authority (verbatim quote) Zenith Petroleum Corporation v. Steerman
10th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
a plaintiff cannot escape the binding effect of the pretrial order by raising new issues in a response to the defendant's motion for summary judgment.
cited Cited as authority (rule) Ward v. Wesley Medical Center, LLC
D. Kan. · 2025 · confidence medium
Hullman v. Bd. of Trs. of Pratt Cmty. Coll., 950 F.2d 665, 667 (10th Cir. 1991).
cited Cited as authority (rule) City of Memphis v. Horn Lake Creek Basin Interceptor Sewer District of Desoto County, Mississippi
W.D. Tenn. · 2023 · confidence medium
College, 950 F.2d 665, 668 (10th Cir. 1991) (pretrial order “measures the dimensions of the lawsuit”).
cited Cited as authority (rule) Moral v. PHH Mortgage Corporation
D. Kan. · 2023 · confidence medium
Hullman v. Bd. of Trs. of Pratt Cmty. Coll., 950 F.2d 665, 667 (10th Cir. 1991).
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Western Distributing Company
D. Colo. · 2022 · confidence medium
Pratt Cmty. Coll, 950 F.2d 665, 667 (10th Cir. 1991); Klingenberg v. Vulcan Ladder USA, LLC, 936 F.3d 824 , 830 (8th Cir. 2019); Rathborne Land Co., LLC v. Ascent Energy, Inc., 610 F.3d 249, 261 (5th Cir. 2010); Patterson v. Hughes Aircraft Co., 11 F.3d 948, 950 (9th Cir. 1993). (ii) Pinpointing the Use of the Remaining Policies In addition to identifying the allegedly discriminatory policies or practices, Plaintiff must also “pinpoint” Defendant’s use of them to survive summary judgment.
cited Cited as authority (rule) Reams v. Frontenac, Kansas, City of
D. Kan. · 2022 · confidence medium
Hullman v. Bd. of Trs., 950 F.2d 665, 667 (10th Cir. 1991).
discussed Cited as authority (rule) Turner v. Wyandotte County, Kansas, Unified Government of
D. Kan. · 2020 · signal: cf. · confidence medium
Kan. 2009) (concluding that plaintiff preserved retaliatory harassment claim even though not expressly mentioned in pretrial order and noting that plaintiff’s brief in opposition to summary judgment indicated she intended to bring such claim); cf. Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 667 (10th Cir. 1991) (citation omitted) (plaintiff cannot raise new claims in brief in opposition to summary judgment motion).
discussed Cited as authority (rule) Gardenhire v. Johns Manville
10th Cir. · 2018 · confidence medium
JM’s summary-judgment motion adequately targeted all of the issues identified in the district court’s pretrial order, which “supersede[d] the pleadings and control[ed] the subsequent course of litigation,” Hullman v. Bd. of Trs. of Pratt Cmty. Coll., 950 F.2d 665, 667 (10th Cir. 1991). 2 McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-04 (1973). 4 that framework, a plaintiff must first establish a prima facie case of discrimination by showing that: “(1) he is disabled (or perceived as disabled) as defined by the ADA, (2) he is qualified to perform the essential functions of his j…
cited Cited as authority (rule) Clark v. Time Inc.
D. Kan. · 2017 · confidence medium
Kan. 2002) (quoting Hullman v. Bd. of Trs., 950 F.2d 665, 668 (10th Cir. 1991)).
discussed Cited as authority (rule) Livingston v. Sodexo, Inc.
10th Cir. · 2014 · confidence medium
Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 667 (10th Cir.1991) (“A plaintiff cannot escape the binding effect of the pretrial order by raising new issues in a response to the defendant’s motion for summary judgment.”(quotation marks omitted)).
discussed Cited as authority (rule) Olson v. The City of Golden, Colorado
10th Cir. · 2013 · confidence medium
But "we will not consider claims abandoned in the district court,” O’Connor v. City & Cnty. of Denver, 894 F.2d 1210 , 1214 (10th Cir.1990), and we think it clear from the record that Olson abandoned her compensatory-damages claim as the case developed in the nearly ten months between when Olson filed her Amended Complaint (which reflected that Olson initially sought a full trial), and when the parties stipulated to the Second Proposed Pretrial Order, which "supersede^] the pleadings and control[led] the subsequent course of litigation,” Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 9…
cited Cited as authority (rule) Cooper v. OLD DOMINION FREIGHT LINE, INC.
D. Kan. · 2011 · confidence medium
Shaub v. Newton Wall Co/UCAC, 153 Fed.Appx. 461, 464 (10th Cir.2005) (quoting Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991); Fed.R.Civ.P. 16(e)). 33 .
cited Cited as authority (rule) Arias Ex Rel. Marrrufo v. Pacheco
10th Cir. · 2010 · confidence medium
Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991) (internal quotation marks omitted).
discussed Cited as authority (rule) C.T. v. Liberal School District
D. Kan. · 2008 · confidence medium
See Wilson v. Muckala, 303 F.3d 1207, 1215 (10th Cir.2002) (claims not included in the pretrial order are waived); Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991) (issues not preserved in the pretrial order have been eliminated from the action). 10 According *1342 ly, summary judgment is granted in favor of the school district on plaintiffs’ § 1983 claims.
discussed Cited as authority (rule) Guang Dong Light Headgear Factory Co. v. ACI International, Inc.
D. Kan. · 2007 · confidence medium
The Pretrial Order sets forth ACI’s theories of recovery on its counterclaims and states that they are based on Guang Dong’s conduct with regard to either the Joint Venture Agreement or the Paramount sales contract (Doc. 173 at 22-24.) The Pretrial Order " 'measures the dimensions of the lawsuit,’ and ‘controls] the subsequent course of the action unless modified by a subsequent order.’ ” Shaub v. Newton Wall Company/UCAC, 153 F. App’x 461, 464 (10th Cir.2005) (quoting Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991)); Fed.R.Civ.P. 16(e).
cited Cited as authority (rule) Fisherman Surgical Instruments, LLC v. Tri-Anim Health Services, Inc.
D. Kan. · 2007 · signal: cf. · confidence medium
Cf. Hullman v. Bd. of Trustees, 950 F.2d 665, 667 (10th Cir.1991) (excluding new argument raised in summary judgment brief filed after entry of pretrial order).
cited Cited as authority (rule) Power v. KOSS CONST. CO., INC.
D. Kan. · 2007 · confidence medium
Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991) (quotation omitted). 18 .
discussed Cited as authority (rule) Bell v. City of Topeka, Kansas
D. Kan. · 2007 · confidence medium
The Pretrial Order " 'measures the dimensions of the lawsuit,' and 'controls] the subsequent course of the action unless modified by a subsequent order.' " Shaub v. Newton Wall Co/UCAC, 153 Fed.Appx. 461, 464 (10th Cir.2005) (quoting Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991); Fed.R.Civ.P. 16(e)).
cited Cited as authority (rule) Fox v. Wichita State University
D. Kan. · 2007 · confidence medium
Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991) (quotation omitted). 32 .
cited Cited as authority (rule) Coleman v. Blue Cross Blue Shield of Kan.
D. Kan. · 2007 · confidence medium
Shaub v. Newton Wall Co/UCAC, 153 Fed.Appx. 461, 464 (10th Cir.2005) (quoting Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991); Fed.R.Civ.P. 16(e)). 51 .
discussed Cited as authority (rule) Ney v. City of Hoisington, Kan.
D. Kan. · 2007 · confidence medium
Plaintiff's termination was in retaliation for exercising this right under the FMLA.” (Doc. 65 at 4.) The Pretrial Order " 'measures the dimensions of the lawsuit,’ and 'controls] the subsequent course of the action unless modified by a subsequent order.’ ” Shaub v. Newton Wall Co./UCAC, 153 Fed.Appx. 461, 464 (10th Cir.2005) (quoting Hullman v. Bd. of Trustees of Pratt Cmty. Coll., 950 F.2d 665, 668 (10th Cir.1991); Fed.R.Civ.P. 16(e)). 39 .
discussed Cited as authority (rule) Shaub v. Newton Wall Co./UCAC
10th Cir. · 2005 · confidence medium
Federal Rule of Civil Procedure 16(c)(1) authorizes a district court to “take appropriate action” during the pretrial conference “with respect to ... the formulation and simplification of the issues, including the elimination of frivolous claims or defenses.” The pretrial order, which recites the action taken at the conference, “measures the dimensions of the lawsuit,” Hullman v. Bd. of Trustees of Pratt Cmty. Coll, 950 F.2d 665, 668 (10th Cir.1991) (internal quotation marks omitted), and “controls] the subsequent course of the action unless modified by a subsequent order,” Fed…
discussed Cited as authority (rule) Holt v. Continental Casualty Co.
D. Kan. · 2005 · confidence medium
Tyler v. City of Manhattan, 118 F.3d 1400, 1403 (10th Cir.1997) (quoting Hullman v. Bd. of Trustees, 950 F.2d 665, 668 (10th Cir.1991) (internal citation omitted)). 44 ., Chambers v. Family Health Plan Corp., 100 F.3d 818, 822 (10th Cir.1996) (explaining that a general reference to ERISA violations in the pretrial order is insufficient to preserve procedural issues for appeal when not raised in the district court); see, e.g., Devers, 35 F.Supp.2d at 1288 n. 10 ("As an initial matter, plaintiff failed to assert in the pretrial order any claim for civil penalties stemming from defendant's untime…
discussed Cited as authority (rule) Blume v. Meneley
D. Kan. · 2003 · confidence medium
The pretrial order indeed controls the subsequent course of the litigation, and the trial court may “exclude from trial those issues and claims not found in the pretrial order.” Hullman v. Bd. of Trs., 950 F.2d 665, 668 (10th Cir.1991) (citation omitted).
cited Cited as authority (rule) Stewart v. Board of Commissioners
D. Kan. · 2003 · confidence medium
Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 668 (10th Cir.1991) (quotations omitted). .
discussed Cited as authority (rule) Berroth v. Farm Bureau Mut. Ins. Co., Inc.
D. Kan. · 2002 · confidence medium
The pretrial order indeed controls the subsequent course of the litigation, and the trial court may "exclude .from.trial those issues and claims not found in the pretrial order.” Hullman v. Bd. of Trs., 950 F.2d 665, 668 (10th Cir.1991) (citation omitted).
discussed Cited as authority (rule) Nelson v. City of Wichita, Kansas
D. Kan. · 2002 · confidence medium
Because “issues not preserved in the pretrial order ... [are] eliminated from the action,” Hullman v. Board of Trustees, 950 F.2d 665, 668 (10th Cir.1991), the court does not consider the merits of any failure to investigate or failure-to-discipline claim, and hereby rules that any such claims are not part of this lawsuit.
cited Cited as authority (rule) Smith v. Board of County Com'rs of County of Lyon
D. Kan. · 2002 · confidence medium
Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 668 (10th Cir.1991).
discussed Cited as authority (rule) Nolde v. Hamm Asphalt, Inc.
D. Kan. · 2002 · confidence medium
See Fed.R.Civ.P. 16(e) (providing that a pretrial order entered after a pretrial conference "shall control the subsequent course of the action unless modified by a subsequent order”); Hullman v. Board of Trs. of Pratt Cmty. Coll., 950 F.2d 665, 667 (10th Cir.1991) ("pretrial order supersedes- all pleadings and controls the subsequent course of the litigation”); Trujillo v. Uniroyal Corp., 608 F.2d 815, 817 (10th Cir.1979) ("When issues are defined by the pretrial order, they ought to be adhered to in the absence of some good and sufficient reason.”) (internal citation and quotation marks…
cited Cited as authority (rule) Eads Ex Rel. Eads v. Unified School District No. 289
D. Kan. · 2002 · confidence medium
College, 950 F.2d 665, 668 (10th Cir.1991) (citation omitted).
cited Cited as authority (rule) Brucks v. O'NEILL
D. Kan. · 2001 · confidence medium
R.Civ.P. 16(e); Hullman v. Bd. of Trs., 950 F.2d 665, 667 (10th Cir.1991) (“The trial court has the discretion to exclude from trial those issues and claims not found in the pretrial order.
cited Cited as authority (rule) Steil v. Humana Kansas City, Inc.
D. Kan. · 2000 · confidence medium
Rule 16.2(c) (same); Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 667 (10th Cir.1991).
discussed Cited as authority (rule) Attorneys Liability Protection Society v. Reliance Insurance
D. Kan. · 2000 · confidence medium
Rules 7.1, 16.2(c); Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 667 (10th Cir.1991) (pretrial order supersedes all pleadings and controls the subsequent course of the case); Boilermaker-Blacksmith Nat'l Pension Fund v. Gendron, 67 F.Supp.2d 1250 , 1257 n. 4 (D.Kan. 1999) (party is prohibited from raising new argument and issues in reply). 4 .
discussed Cited as authority (rule) Centennial Management Services, Inc. V. Axa Re Vie
D. Kan. · 2000 · confidence medium
See Tyler v. City of Manhattan, 118 F.3d 1400, 1403 (10th Cir.1997) (An order entered pursuant to Federal Rule of Civil Procedure 16(e) "supersedes the pleadings and controls the subsequent course of litigation.”); Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 668 (10th Cir.1991) (issues not preserved in the pretrial order have been eliminated from the action). .
cited Cited as authority (rule) Frazier v. Simmons
D. Kan. · 2000 · confidence medium
College, 950 F.2d 665, 667 (10th Cir.1991) ("The pretrial order supersedes the pleadings and controls the subsequent course of litigation.
cited Cited as authority (rule) Koch v. Koch Industries, Inc.
10th Cir. · 2000 · signal: cf. · confidence medium
Cf. Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 667-68 (10th Cir.1991).
cited Cited as authority (rule) Edwards & Associates, Inc. v. Black & Veatch, L.L.P.
D. Kan. · 2000 · confidence medium
R.Civ.P. 16(e); Tyler v. City of Manhattan, 118 F.3d 1400, 1403 (10th Cir.1997) (citing Hullman v. Board of Trustees, 950 F.2d 665, 668 (10th Cir.1991)).
discussed Cited as authority (rule) Henry v. BOARD OF LEAVENWORTH COUNTY
D. Kan. · 1999 · confidence medium
To the extent that plaintiffs intended to assert additional Tactual allegations or claims *1051 for constitutional violations against these defendants, plaintiffs failed to do so in the pretrial order, and plaintiffs have waived any other factual allegations or legal theories. “[I]ssues not preserved in the pretrial order ... [are] eliminated from the action.” Koch, 179 F.R.D. at 596 (quoting Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 668 (10th Cir.1991)). 22 .
cited Cited as authority (rule) Kustom Signals, Inc. v. Applied Concepts, Inc.
D. Kan. · 1999 · confidence medium
Rule 16.2(c); Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 667 (10th Cir.1991). 5 .
discussed Cited as authority (rule) Kay-Cee Enterprises, Inc. v. Amoco Oil Co.
D. Kan. · 1999 · confidence medium
“The pretrial order supersedes the pleadings and controls the subsequent course of litigation.” Hullman v. Board of Trustees of Pratt Comm. College, 950 F.2d 665, 667 (10th Cir.1991); Fed. *847 R.Civ.P. 16(e).
discussed Cited as authority (rule) Toth v. Gates Rubber Co.
D. Colo. · 1998 · confidence medium
Comments by the security division leader and the human resources department may have given him false hope that his problems could be resolved internally, but they do not rise to the level of active deception about the procedures for filing a Title VII claim that we articulated in Scheerer, 950 F.2d at 665, and Wilkerson v. Siegfried Insurance Agency, 683 F.2d 344 , 348 (10th Cir.1982) (the evidence must establish either active deception about the procedural prerequisites of Title VII or that the plaintiff “has in some extraordinary way been prevented from asserting his or her rights”)....
discussed Cited as authority (rule) Daneshvar v. Graphic Technology, Inc.
D. Kan. · 1998 · confidence medium
It is well recognized that an order entered pursuant to Federal Rule of Civil Procedure 16(e) "supersedes the pleadings and controls the subsequent course of litigation.” See Tyler v. City of Manhattan, 118 F.3d 1400, 1403 (10th Cir.1997) (citing Hullman v. Board of Trustees, 950 F.2d 665, 668 (10th Cir.1991) ("[T]he pretrial order 'measures the dimensions of the lawsuit, both in the trial court and on appeal.’ ”)).
discussed Cited as authority (rule) Koch v. Koch Industries, Inc. (2×) also: Cited "see, e.g."
D. Kan. · 1998 · confidence medium
Century Refining Company v. Hall, 316 F.2d 15, 19 (10th Cir.1963). “[I]ssues not preserved in the pretrial order ... [are] eliminated from the action.” Hullman, 950 F.2d at 668 (quotation omitted).
discussed Cited as authority (rule) Lewis \Toby\" Tyler v. City of Manhattan (2×)
unknown court · 1997 · confidence medium
Hullman v. Board of Trustees, 950 F.2d 665, 668 (10th Cir.1991).
cited Cited as authority (rule) Barvick v. Cisneros
D. Kan. · 1997 · confidence medium
“The pretrial order supersedes the pleadings and controls the subsequent course of litigation.” Hullman v. Board of Trustees of Pratt Community College, 950 F.2d 665, 667 (10th Cir.1991).
Don H. HULLMAN, Plaintiff-Appellant,
v.
BOARD OF TRUSTEES OF PRATT COMMUNITY COLLEGE, a Public Corporation, Defendant-Appellee
90-3072.
Court of Appeals for the Tenth Circuit.
Jan 14, 1992.
950 F.2d 665
Wesley A. Weathers, Weathers & Riley, Topeka, Kan., for plaintiff-appellant., David J. Morgan (H.E. Jones, with him on the brief), Hershberger, Patterson, Jones & Roth, Wichita, Kan., for defendant-appellee.
Barrett, Brorby, Seymour.
Cited by 92 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 79%
Citer courts: D. Kansas (1)
BARRETT, Senior Circuit Judge.

Don H. Hullman (Hullman) appeals from two orders of the district court granting partial summary judgment, Hullman v. Board of Trustees of Pratt Community College, 725 F.Supp. 1536 (D.Kan.1989), and summary judgment, Hullman v. Board of Trustees of Pratt Community College, 732 F.Supp. 91 (D.Kan.1990) in favor of the Board of Trustees (Board) of Pratt Community College (PCC). The relevant facts are set forth in detail at 725 F.Supp., pp. 1541-1544 and will be referred to only as necessary for our review.

Hullman was employed as one of PCC’s top administrators for a period of nine consecutive years pursuant to a series of written contracts. He was terminated in August, 1985. For several years immediately prior to his termination, Hullman held the position of Dean of Instruction, generally considered the top administrative position at PCC other than that of president.

In July, 1985, Hullman was reassigned to the newly created position of Dean of Continuing Education. Despite an annual salary increase of $2,600, Hullman considered the reassignment to be a demotion. On July 19, 1985, a contract for administrative services for 1985-1986, designating Hull-man’s position as Dean of Continuing Education, was delivered to Hullman. The contract was not signed by any Board representative.

On July 30, 1985, Hullman signed the contract and attached a memorandum which stated:

Enclosed herewith is the executed contract of employment with Pratt Community College for the 1985-86 academic year. Please be advised that I have signed this contract under protest, in that, in my opinion, it infringes upon my property interest in continued employment in my former position as Dean of Instruction. Execution of this contract should not be construed as a waiver of any rights I might have to retain the former position or to contest the reassignment.

(R., Yol. I, Tab 120, Exhibit A.)

The Board considered Hullman’s contract at a special meeting on August 6, 1985. During the meeting, attended by Hullman, the Board voted “to not accept the contract for administrative services of Dr. Don Hull-man with the conditions that have been imposed by attachment to the contract dated July 30, 1985.” (R., Vol. II, Tab 141, p. 10).

Hullman subsequently sued the Board alleging violation of the Civil Rights Act, 42 U.S.C. § 1983, in that his termination was a violation of his property interests and liberty rights under the Fourteenth Amendment (Count I), and in retaliation for his protest over his demotion in violation of his rights to free speech under the First Amendment (Count II). Hullman also alleged that the Board wrongfully terminated his contract. (Count III).

[*667] The pretrial order set forth “Plaintiff’s Contentions,” including:

Plaintiff also asserts that this termination amounted to a breach of his contract of employment for the 1985-86 school year and was carried out by defendants in retaliation for his exercise of the right of free speech and his peaceful and orderly protest about his reassignment and his desire to assert any rights he ‘might have’ to contest said reassignment, thus violating his rights under the First Amendment. (Emphasis supplied.)

(R., Vol. I, Tab 119 at p. 7).

Board moved for summary judgment alleging that “no genuine issue of material fact exists, and [that] defendant is entitled to judgment as a matter of law.” (R., Vol. I, Tab 120). In response, Hullman alleged, for the first time, that his reassignment and demotion were “an act of retaliation against him for his outspoken criticism of and disagreement with various inappropriate and, perhaps, illegal financial policies and practices at PCC.” (R., Vol. I, Tab 129 at p. 2).

In granting partial summary judgment in favor of PCC, the court found:

In its original memorandum, the defendant understood plaintiff’s alleged protected speech to be his complaints over his reassignment to Dean of Continuing Education. Defendant’s understanding is consistent with a literal reading of the pretrial order in this case. (Emphasis supplied.)

725 F.Supp. at 1544.

Thereafter, the district court granted Board’s motion for summary judgment on all of Hullman’s claims except “as to plaintiff’s First Amendment claim on his criticisms and complaints of PCC’s financial practices.” 725 F.Supp. at 1553.

Both parties moved for reconsideration. The district court denied Hullman’s motion, but granted the Board’s motion. The court entered summary judgment in favor of the Board on all of Hullman’s claims. In so doing, the court found:

There is nothing directly or indirectly alleged in the pretrial order that plaintiffs protected speech includes his complaints of financial mismanagement. The only indication of speech content is made in regards to plaintiffs peaceful and orderly protest of his reassignment.
The pretrial order supersedes the pleadings and controls the subsequent course of litigation. Fed.R.Civ.P. 16(e). The trial court has the discretion to exclude from trial those issues and claims not found in the pretrial order. Randolph County v. Alabama Power Co., 784 F.2d 1067, 1072 (11th Cir.1986), modified on other grounds, 798 F.2d 425 (1986), cert. denied, 479 U.S. 1032, 107 S.Ct. 878, 93 L.Ed.2d 833 (1987). A plaintiff cannot escape the binding effect of the pretrial order by raising new issues in a response to the defendant’s motion for summary judgment. Bieber v. Associated Collection Services, Inc., 631 F.Supp. 1410, 1414 (D.Kan.1986). In the case at bar, the plaintiff simply has failed to set forth any issue or claim that his protected speech involves his complaints of financial mismanagement, and the fact that he may have done so in an earlier interrogatory does not bear on a liberal construction of the pretrial order. There being no motion to modify or amend the pretrial order pending, the court is well within its discretion to exclude such assertions from the action. On reconsideration, the court grants summary judgment for defendant on plaintiff’s first amendment claims. (Emphasis supplied.)

732 F.Supp. at p. 93.

On appeal, Hullman contends that the district court abused its discretion in dismissing his free speech claims regarding his prior criticism of financial misuse at PCC because the claims were not properly raised in the pretrial order. Hullman also contends that the court erred in granting summary judgment in favor of Board on his right to petition claim and his property and liberty interest claims.

We affirm the Memorandums and Orders of the district court granting summary[*668] judgment in favor of Board for substantially the reasons set forth therein.

Hullman contends that the district court abused its discretion in dismissing his free speech claim regarding his prior criticism of financial misuse at PCC because the claims were not properly raised in the pretrial order. As set forth, supra, the district court specifically found that “[t]here is nothing directly or indirectly alleged in the pretrial order that plaintiffs protected speech includes his complaints of financial mismanagement.” Notwithstanding this finding, Hullman nevertheless contends that the court abused its discretion in dismissing his free speech claims relative to financial misuse. We disagree.

This court has recognized that rulings on the exclusion of testimony not grounded in the pretrial order are matters resting in the sound discretion of the trial court, and will not be disturbed absent an abuse of that discretion. Smith v. Ford Motor Co., 626 F.2d 784 (10th Cir.1980), cert. denied, 450 U.S. 918, 101 S.Ct. 1363, 67 L.Ed.2d 344 (1981) (Prejudicial error occurred when trial court admitted medical expert’s testimony that plaintiffs injuries were enhanced as proximate result of unreasonably dangerous seat belt system because the pretrial order designated witness for testimony only in regard to treatment of plaintiff and prognosis); James v. Newspaper Agency Corp., 591 F.2d 579 (10th Cir.1979) (Failure to list “may call” witnesses as “will call” witnesses in pretrial order or to move to amend until immediately before trial justified trial court’s denial of motion to amend pretrial order); Cleverock Energy Corp. v. Trexel, 609 F.2d 1358, 1361-62 (10th Cir.1979), ce rt. denied, 446 U.S. 909, 100 S.Ct. 1836, 64 L.Ed.2d 261 (1980) (Upheld trial judge’s order striking the breach of fiduciary duty issue as beyond the scope of the litigation for failure to list in pretrial order, while recognizing that a pretrial order should not be applied inflexibly); Rigby v. Beech Aircraft Co., 548 F.2d 288 (10th Cir.1977) (Where pretrial order and answers to interrogatories calling for a particularized statement referred only to 31-gallon fuel cells, trial court did not abuse its discretion in refusing to admit evidence relating to 40-gallon fuel cells). These cases and many others hold that the pretrial order “measures the dimensions of the lawsuit, both in the trial court and on appeal.” American Home Assur. Co. v. Cessna Aircraft Co., 551 F.2d 804, 806 (10th Cir.1977), quoting Hodgson v. Humphries, 454 F.2d 1279, 1281 (10th Cir.1972). In Southern California Retail Clerks Union v. Bjorklund, 728 F.2d 1262, 1264 (9th Cir.1984), the court held that issues not preserved in the pretrial order have been eliminated from the action, and a party who did not so preserve an issue may not use it in resisting a motion for summary judgment.

The district court did not abuse its discretion in ruling that, in the absence of any motion to amend or modify the pretrial order, Hullman had failed to identify his alleged protected free speech claim to include his complaint of PCC’s financial mismanagement. Where protected speech is the basis of a claim, it is necessary that the alleged protected speech be identified in the pretrial order by specificity. By analogy, in Ewers v. Board of County Comm’rs of Curry County, 802 F.2d 1242, 1246 (10th Cir.1986), reh’g granted on other grounds, 813 F.2d 1583 (10th Cir.1987), cert. denied, 484 U.S. 1008, 108 S.Ct. 704, 98 L.Ed.2d 655 (1988), on reh’g, 874 F.2d 736 (10th Cir.1989), we held that a plaintiff is obligated to present precise evidence of alleged protected conduct or speech with a degree of specificity that will provide jurors the basis for a proper determination whether that conduct or speech was a “motivating factor” in the employer’s decision to terminate the plaintiff’s employment.

AFFIRMED.