Weatherly et al v. Alabama State University

Filing 102

ORDER that Plaintiffs' 85 Motion to Strike Defendant's Deposition Designations is GRANTED as further set out in the order. ORDER directing Plaintiffs TO SHOW CAUSE, if any there be, as to why the Defendant's remaining 101 Objections to Plaintiffs' Amended Witness List for Trial ought not be sustained. Show Cause Response due by 1/27/2012. Signed by Honorable Judge W. Harold Albritton, III on 1/20/2012. (dmn, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JACQUELINE WEATHERLY, CYNTHIA WILLIAMS, and LYDIA BURKHALTER, Plaintiffs, v. ALABAMA STATE UNIVERSITY, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:10CV192-WHA (wo) ORDER This cause is before the court on the Plaintiffs’ Motion to Strike Defendant’s Deposition Designations (Doc. #85) and the Defendant’s Objections to Plaintiffs’ Amended Witness List for Trial (Doc. #101). It is hereby ORDERED as follows: 1. The Plaintiffs’ Motion to Strike Defendant’s Deposition Designations (Doc. #85) is GRANTED. The Defendant is, of course, free to use the depositions of the three Plaintiffs listed in their designations for impeachment purposes. 2. The Defendant objects to the use of deposition designations of Plaintiffs’ numbered witnesses 4-11. The Plaintiffs have stated that they anticipate calling these witnesses at trial, and request the right to designate deposition testimony if the witnesses are not available to testify. It appears that all of the witnesses are subject to subpoena. Therefore, after the witnesses are promptly served with subpoenas, the court will resolve the issue of designation and objection to designations of depositions of these witnesses if they are unavailable under the circumstances outlined in Fed. R. Civ. Pro. 32(a)(4). 3. The Plaintiffs are ORDERED to show cause, if any there be, on or before January 27, 2012 why the Defendant’s remaining objections to Plaintiffs’ Amended Witness List for Trial ought not be sustained. Done this 20th day of January, 2012. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?