Weatherly et al v. Alabama State University
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CYNTHIA WILLIAMS, and LYDIA
ALABAMA STATE UNIVERSITY,
Civil Action No. 2:10CV192-WHA
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
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