Roberts v. CrestPark Nursing Home
ORDER denying 61 Motion for Reconsideration. Signed by Judge D. P. Marshall Jr. on 6/10/2015. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
CRESTPARK STUTTGART, LLC; STUTTGART
VISION CLINIC; GEORGE M. DUNN, JR., ODPA;
CHERYL CONNALLY; and MISTY COX
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.
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