Newsome v. Kwangsung America, Corp.

Filing 37

ORDER that in any motion in limine filed by the Defendant on the issue of back pay, the Defendant should address application of case law further set out in the order. Signed by Honorable Judge W. Harold Albritton, III on 8/19/2011. (br, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

CHARLES NEWSOME,

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Plaintiff,
v.
KWANGSUNG AMERICA, CORP.,

Defendant.

Civil Action No. 3:10CV548-WHA
(wo)

ORDER
The court was advised at the pre-trial hearing that the Defendant intends to move in
limine to exclude evidence regarding an award of back pay in this case, should the Plaintiff
prevail on the merits. The court having preliminarily looked into this issue, it is hereby
ORDERED that in any motion in limine filed by the Defendant on the issue of back pay, the
Defendant should address application of Walker v. Ford Motor Co., 684 F.2d 1355, 1360-62
(11th Cir. 1982) and LaFleur v. Wallace State Cmty. Coll., 955 F. Supp. 1406, 1425-26 (M.D.
Ala. 1996) to the Plaintiff’s race and national origin claims, and the application of those cases to
the age discrimination claim in this case, in light of Gross v. FBL Financial Services, Inc.,
__U.S.__, 129 S.Ct. 2343 (2009).

Done this 19th day of August, 2011.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE