Fuller v. Star Fiber Glass

Filing 86

ORDER on business record. Signed by Judge William R. Wilson, Jr on 4/21/09. (Attachments: # 1 Exhibit A)(bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CAROL L. FULLER v. FIBER GLASS SYSTEMS, LP ORDER For various reasons I excluded the typewritten statement1 of Ms. Patty Holmes which was collected by Mr. Randy Stockman during an investigation of Plaintiff's complaints regarding racial harassment/discrimination. Defense counsel insists that the statement is admissible under Federal Rule of Evidence 803(6) "Records of Regularly Conducted Activity." I believe that the language from McCormick is applicable. Attached as Exhibit "A" to this Order is a copy of the pertinent portions of this treatise.2 Despite Defendant's vigorous protest, I don't think the question is close. The typewritten statement is excluded, period. If Defendant is to have relief from this ruling it will have to seek it "up North" (St. Louis or St. Paul). IT IS SO ORDERED this 21st day of April, 2009. 4:07-CV-01120-WRW DEFENDANT PLAINTIFF

/s/ Wm. R. Wilson, Jr.___________ UNITED STATES DISTRICT JUDGE

1

Plaintiff's Exhibit "L" (pgs. 105-06). 2 McCormick on Evidence § 288 at 310-12 (6th Ed. 2006).

2