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07-528 - Fitzpatrick v. City of Montgomery, Alabama


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07-528 - Fitzpatrick v. City of Montgomery, Alabama
May 19, 2008
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MEMORANDUM OPINION AND ORDER, denying 16 MOTION for Summary Judgment filed by City of Montgomery, Alabama. Signed by Honorable W. Harold Albritton, III on 5/19/08. (vma, )
July 3, 2008
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PRETRIAL ORDER setting Jury Selection and Trial, which is to last 2-3 days, for 8/11/2008 10:00 AM before Honorable W. Harold Albritton III, USC, Montgomery, AL; Trial Briefs due by 7/21/2008, as further set out in order. Signed by Honorable W. Harold Albritton, III on 7/3/08. Furnished to YG, HC & EB.(djy, )
August 5, 2008
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MEMORANDUM OPINION AND ORDER directing as follows: (1) the def's 29 motion in limine and 30 objections are GRANTED and SUSTAINED as to comparator evidence of any comparators other than Johnny Ray Smith; DENIED as to evidence of Smith's disciplinary history (plf's Exhibits 35 and 36); GRANTED as to alleged disparate treatment of other African American employees to the extent that the plf is not to refer to such evidence without first taking it up with the court outside the presence of the jury; (2) the plf's 32 motion in limine and 33 objections are DENIED as to evidence of Fitzpatrick's disciplinary history (plf's exhibits 1 and 6); GRANTED and SUSTAINED as to Def's Exhibit 14, and any evidence regarding videotape demonstrating installation of a brake calliper, which the def states it does not intend to offer; all other aspects of the pending motions in limine and objections to exhibits will be ruled on by separate order. Signed by Honorable W. Harold Albritton, III on 8/5/08. (djy, )
August 7, 2008
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ORDER directing as follows: (1) defs Motion in Limine 29 and Objections 30 are GRANTED and SUSTAINED, as further set out in order; (2) Defs Motion in Limine 29 and Objections 30 are DENIED and OVERRULED, as further set out in order; (3) Plfs Motion in Limine 32 and Objections 33 are DENIED and OVERRULED as to Defs Exhibits 9, 10, 11, 12 and 13, photographs of repairs; (4) The court holds in abeyance ruling on objections to Plfs Exhibit 2, 9, 20, 23-28, 37, and 38, until foundation is laid for those exhibits, as further set out in order. Signed by Honorable W. Harold Albritton, III on 8/7/08. (djy, )
August 7, 2008
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ORDER that the case will proceed to trial only on Title VII race and retaliation claims; If either party disagrees withthis interpretation of the Pre-Trial Order, that party shall file a notice of its disagreement, and thebasis of that disagreement, by noon on 8/8/2008.. Signed by Honorable W. Harold Albritton, III on 8/7/08. (djy, )
August 7, 2008
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ORDER advising counsel for the parties that after a jury has been selected on August 11, the jury will be excused until after lunch; after the jury has been excused, the court will take up various outstanding matters for determination before recessing for lunch. Signed by Honorable W. Harold Albritton, III on 8/7/08. (djy, )