Roberts v. CrestPark Nursing Home

Filing 65

ORDER denying 61 Motion for Reconsideration. Signed by Judge D. P. Marshall Jr. on 6/10/2015. (jak)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION JUANETTE ROBERTS v. PLAINTIFF No. 5:13-cv-305-DPM CRESTPARK STUTTGART, LLC; STUTTGART VISION CLINIC; GEORGE M. DUNN, JR., ODPA; CHERYL CONNALLY; and MISTY COX DEFENDANTS ORDER Roberts' s motion for reconsideration, NQ 61, is denied. Her points about retaliation and constructive discharge are re-argument; the Court has already addressed them. On discrimination, the Court doesn't see a hearsay problem. What Roberts said S.C. said would be hearsay, FED. R. EVID. 801(c), which cannot be considered. The Court noted and considered Oliver's affidavit. NQ 59 at 6. The Court relied on Cox's conclusion after her investigation of S.C.' s conduct, not on the resident's exact words. The Court stands by its decision that S.C. is not a valid comparator and that there is no jury issue on pretext. So Ordered.

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