Patterson v. Yazoo City, Mississippi et al

Filing 136

SUPPLEMENTAL ORDER ON EVIDENTIARY HEARING. Signed by Honorable David C. Bramlette, III on 9/26/2011 (dtj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION HENRY LEWIS PATTERSON VS. PLAINTIFF CIVIL ACTION NUMBER 5:10-cv-153-DCB-RHW YAZOO CITY, MISSISSIPPI, YAZOO COUNTY MISSISSIPPI AND YAZOO RECREATION COMMISSION SUPPLEMENTAL ORDER ON EVIDENTIARY HEARING On September 8, 2011, the Court entered an Order for an Evidentiary Hearing. Plaintiff moved for summary judgment on his due process claim, Defendant Yazoo Recreation Committee moved for Summary Judgment on all claims, Defendant Yazoo County likewise requested summary judgment on all issues and Defendant Yazoo City has asked for summary judgment on plaintiff’s ADA and ADEA claims only conceding that there may be a genuine issue of fact with respect to plaintiff’s due process claim. Counsel for several of the parties have telephoned the Courtroom Deputy seeking guidance on issues to be presented. There have been no discussions between counsel and the Court. At present the Court is not prepared to grant any of the motions, and the purpose of the hearing is to afford the parties an opportunity to present oral argument and/or evidence in support of said motions. To further clarify, all parties may present 1 testimony and other evidence but they are not required to do so. However, they are required to present oral argument in support of the motions. SO ORDERED this the 26th day of September, 2011 _____ s/ David Bramlette UNITED STATES DISTRICT JUDGE 2

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