Linn v. Cabot Public School District et al

Filing 39

ORDER denying 18 Motion for Summary Judgment; denying 22 Motion in Limine; denying 28 Motion in Limine. The Court refers the case back to Judge Volpe to reconvene the discussions and report by May 31, 2013. Signed by Judge D. P. Marshall Jr. on 4/23/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

MARY SUE LINN

v.

PLAINTIFF
No. 4:11-cv-514-DPM

CABOT PUBLIC SCHOOL DISTRICT and
JIM DALTON

DEFENDANTS

ORDER
Linn moves for partial summary judgment on liability. NQ 18. She says
that there is no dispute that the Cabot School District and Assistant
Superintendent Dalton interfered with her rights under the Family and
Medical Leave Act and retaliated against her for using those rights. NQ 18 &
19. The District and Dalton disagree, saying that the District terminated Linn

due to unexcused absenteeism not protected by FMLA, absences both before
and after her approved FMLA leave. NQ 35 & 36.
Linn is not entitled to partial summary judgment on liability because
genuine issues of material fact exist. Compare the parties' dueling statements
of key facts. NQ 20 & 37. A jury needs to answer, in the circumstances,
whether the District gave Linn adequate notice of her FMLA rights, whether

Linn's notice to the District about her alleged need for intermittent leave was
adequate, and whether the District fired Linn for missing too much work
apart from her approved FMLA leave or for exercising her FMLA rights.
Based on the deposition excerpts, affidavits, and records, reasonable people
could disagree on these facts. Brown v. City of Jacksonville, 2013 WL 1274566,
at *6-7 (8th Cir. 29 Mar. 2013). Motion, NQ 18, denied.
Linn's motion in limine to exclude evidence of her pre-accident
attendance, NQ 22, is also denied. The District's defense is Linn's complete
work history. The Court will, however, instruct the jury to only consider the
attendance records for purposes of determining why the District fired Linn,
not as evidence that she had a bad character trait of absenteeism. The alleged
overpayments can, the Court concludes, come in only on damages. And the
Court will so instruct.
Defendants' motion in limine, NQ 28, is denied without prejudice as
moot. The motion is short on specifics. And Linn says she's disclosed all the
evidence she intends to offer. No harm, no foul- apparently- for the lack of
formal supplemental discovery responses. The parties should confer; the
District and Dalton should then refile their motion with particulars if need be.

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The Court understands the parties made progress toward settlement at
a recent conference before Magistrate Judge Joe Volpe. Things bogged down,
though, over the issues in these pending motions. With these issues now
resolved, the Court refers the case back to Judge Volpe to reconvene the
discussions and report by 31 May 2013.

*

*

*

Motion for partial summary judgment, Ng 18, denied. Motions in
limine, Ng 22 & 28, denied with caveats.
So Ordered.

D.P. Marshall Jr.
United States District Judge
23 April 2013

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