Cohen v. Augusta Arkansas, City of et al

Filing 60

ORDER dismissing Cohen's claims against the City Council of the City of Augusta without prejudice; reopening discovery solely on the questions surrounding the "new letter"; and, in addition to the ddls set out in the Court's 56 Order on Motion for Summary Judgment, the parties must exchange their final exhibit lists and copies of the exhibits by January 11, 2011. The Court requests chambers' copies of all the exhibits on that date as well. Signed by Judge D. P. Marshall Jr. on 12/16/11. (kpr)

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF ARKANSAS

EASTERN DIVISION

SHERMAN T. COHEN
v.

PLAINTIFF
No.2:10-cv-34-DPM

CITY OF AUGUSTA, ARKANSAS,
a public body corporate and politic;
THE CITY COUNCIL OF THE CITY
OF AUGUSTA, ARKANSAS, a public
body corporate; JIMMY RHODES, Mayor,
City of Augusta, Arkansas, individually
and in his official capacity; and
CHARLES ALLEN, Chief of Police, City
of Augusta Police Department, individually
and in his official capacity

DEFENDANTS

ORDER
For the reasons stated on the record during the 16 December 2011
pretrial hearing, the Court makes the following rulings:
•

On the law, Sherman Cohen was entitled to due process; the proof
at trial will therefore answer whether he actually got it; and

•

Cohen's claims against the City Council of the City of Augusta are
duplicative and unnecessary, in that any liability from the City
Council's actions rests with the City, itself. The claims against the
City Council are therefore dismissed without prejudice.

Discovery is reopened solely on the questions surrounding the "new
letter" that was recently produced by former Councilwoman Collins and
revealed to the parties.
Last, in addition to the deadlines set out in the Court's previous Order,
Document No. 56, the parties must exchange their final exhibit lists and copies

of the exhibits by 11 January 2012. The Court requests chambers copies.of all
the exhibits on that date as well.
So Ordered.

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