Wilson v. The Birmingham Public Library Foundation et al

Filing 50

Witness List and Exhibit List by Birmingham Library Board, City of Birmingham, Alabama, The. (Fullerton, Frederic)

FILED
2012 Mar-23 PM 03:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
BARBARA ANN WILSON,
Plaintiff,
v.
CITY OF BIRMINGHAM, et al.,
Defendants.

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CIVIL ACTION NO.
CV-10-KOB-2386

DEFENDANTS’ WITNESS & EXHIBIT LIST

The Defendants, the City of Birmingham, a municipal corporation under the
laws of the State of Alabama, and the Birmingham Library Board, by and through their
attorneys of record, and submits the following as their Witness and Exhibit list in the
above-styled cause.
A.

Primary Witnesses expected to be called:
1.

Irene S. Blalock, Director, Birmingham Public Library,
Birmingham Public Library, 2100 Park Place, Birmingham,
Alabama 35203.

2.

Angela F. Hall, Associate Director, Birmingham Public Library,
Birmingham Public Library, 2100 Park Place, Birmingham,
Alabama 35203.

3.

Edith Major, Human Resources Director, Birmingham Public
Library, 2100 Park Place, Birmingham, Alabama 35203.

4.

Mike Lee, Head of Security, Birmingham Public Library,
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Birmingham Public Library, 2100 Park Place, Birmingham,
Alabama 35203.
5.

6.

B.

Barbara Wilson, c/o: Adam Morel, Esq., 517 Beacon Parkway
West, Birmingham, and AL. 35209.
Plaintiff’s primary witnesses listed per Court’s Pre-Trial Order and
who are not stricken.

Optional Witnesses.
1.

Barbara Clotfelter, Department Head, Birmingham Public Library,
2100 Park Place, Birmingham, Alabama 35203.

2.

Sandra Lee, Supervisor, Birmingham Public Library, 2100 Park
Place, Birmingham, Alabama 35203.

3.

David Ryan, Librarian I, Birmingham Public Library, 2100 Park
Place, Birmingham, Alabama 35203.

4.

Robert Jones, Librarian I, Birmingham Public Library, 2100
Park Place, Birmingham, Alabama 35203.

5.

Vera Broussard, Library Assistant III, Birmingham Public Library,
2100 Park Place, Birmingham, Alabama 35203.

6.

Karen Jackson, c/o: Adam Morel, Esq., 517 Beacon Parkway
West, Birmingham, and AL. 35209. Ms. Jackson is the Plaintiff
in CV-11-2632-LSC.

7.

Pam Lyons (retired), former Associate Director, Birmingham
Public Library, Birmingham Public Library, 2100 Park Place,
Birmingham, Alabama 35203.

8.

Peggy Polk, Director, Office of Personnel, City of Birmingham,
City Hall, 710 North 20th Street, Birmingham, AL. 35203.

9.

Barry Lollar, Deputy Director, Office of Personnel, City of
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Birmingham, City Hall, 710 North 20th Street, Birmingham, AL.
35203.
10.

11.

Any witnesses necessary for authentication purposes.

13.

Any witnesses necessary for impeachment.

14.

Any witnesses for rebuttal purposes.

15.

Plaintiff’s optional witnesses listed per Court’s Pre-Trial Order and
who are not stricken.

Optional Witnesses expected to be called by Deposition
1.

D.

Barbara Sirmans, former Director, Birmingham Public Library,
Birmingham Public Library, 2100 Park Place, Birmingham,
Alabama 35203.

12.

C.

Sandy Roberts, Personnel Department, City of Birmingham, 710
North 20th Street, Birmingham, AL. 35203.

Defendants currently have no plans to call any witnesses by deposition
but reserve the right pursuant to F.R.C.P 32.

Exhibits expected to be offered/used at trial.
1.

Deposition and attached Exhibits, Irene Blalock. (Pages 311-322, reserve
right to use other pages). (Optional Exhibit)

2.

Deposition and attached Exhibits of Plaintiff Barbara Wilson. (All
pages). (Optional Exhibit)

3.

Deposition and attached Exhibits of Mike Lee. (Pages 116-117, reserve
right to use other pages). (Optional Exhibit)

4.

Deposition and attached Exhibits of David Ryan. (Pages 72-78, 84-87,
reserve right to use other pages) (Optional Exhibit)
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5.

Deposition and attached Exhibits of Angela Hall. (Pages 7-99).
(Optional Exhibit)

6.

Deposition and attached Exhibits of Sandra Lee. (Pages 7-95). (Optional
Exhibit)

7.

Deposition and attached Exhibits of Barbara Clotfelter. (Pages 78-85, 8789, reserve right to use other pages). (Optional Exhibit)

8.

Deposition and attached Exhibits of Robert Jones. (Pages 96-141,
reserve right to use other pages). (Optional Exhibit)

9.

Deposition and attached Exhibits of Edith Major. (Pages 7-26).
(Optional Exhibit)

10.

Deposition and attached Exhibits of Barry Lollar. (Pages 7-24).
(Optional Exhibit)

11.

Birmingham Public Library Internet Access and Safety Policy &
Guidelines. (Expected to Offer)

12.

Birmingham Public Library Patron Behavior Policy. (Expected to Offer)

13.

Birmingham Public Library Sexual and Gender Harassment Policy.
(Expected to Offer)

14.

Birmingham Public Library Working in Public Setting Statement.
(Expected to Offer)

15.

Birmingham Public Library Staff Manuel. (Expected to Offer)

16.

Log in procedures; internet filtering and policy access to the Pubic
Computers at all Birmingham Public Libraries. (Expected to Offer)

17.

Library Gate Count Report 1/2008 to 12/2010. (Expected to Offer)

18.

City of Birmingham Personnel Handbook. (Optional Exhibit)
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19.

City of Birmingham’s Supplemental Personnel Rules. (Optional Exhibit)

20.

City of Birmingham Sexual and Gender Harassment Policy - Executive
Order 67-92 and Handbook. (Expected to Offer)

21.

Plaintiff’s EEOC charge, City’s response/investigation and Notice of
right-to-sue letter, Case# # 420-2010-00065 and Case# # 846-201115769. (Expected to Offer)

22.

Plaintiff’s Board of Manager of the Retirement and Relief System of the
City of Birmingham Disability file. (Expected to Offer)

23.

Personnel file of the plaintiff, including by not limited to time sheets,
evaluations, self assessments, correspondence, letters, memos and
specifically the following: (Expected to Offer the below)
Barbara Wilson Monthly reports (Expected to Offer)
Nine (9) written incidents from 2007 to 2010 reported by Plaintiff
Barbara Wilson
Memo dated Oct. 20, 2009 meeting with Plaintiff.
Memo dated Oct. 22, 2009 Edith Major to Irene Blalock.
Memo date November 2, 2010 by Pam Lyons.

24.

Job description and duties of Library Assistant III from Birmingham
Public Library. (Expected to Offer)

25.

Two (2) security manuals for Birmingham Public Library (Optional
Exhibit)

26.

Birmingham City Code 2-5-71 et. al. (Optional Exhibit)

27.

All discovery in this case, including attached exhibits to all depositions,
not excluded.

28.

Powerpoint display, computer animation or enlargement of listed
exhibits.

29.

Any and all documents necessary for impeachment of any witness.
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30.

Plaintiff’s Exhibits listed per Court’s Pre-Trial Order and that are not
stricken.

**Defendants reserve the right to object to any and all witnesses and exhibits listed by
other parties to this action, pursuant to this Court’s discovery order, and reserves the
right to amend this schedule of witnesses and/or documentary evidence should
additional witnesses or evidence or exhibits be identified or discovered subsequent to
the filing of this list, upon notice of the parties.
Respectfully Submitted,
/s/Fredric L. Fullerton, II
Fredric L. Fullerton, II
Chief Assistant City Attorney
/s/Nicole E. King
Nicole E. King
Assistant City Attorney
CITY OF BIRMINGHAM
LAW DEPARTMENT
710 North 20th Street
Room 600 City Hall
Birmingham, Alabama 35203
[phone]/[phone] (fax)
CERTIFICATE OF SERVICE
I hereby certify that on March 23, 2012, I electronically filed the foregoing with
the Clerk of the Court using the CM/ECF system which will send notification of such
filing to the following:
Adam P. Morel, Esq.
517 Beacon Parkway West
Birmingham, AL. 35209
/s/Fredric L. Fullerton, II
Of Counsel

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