White-Harris v. GCA Services Group Inc

Filing 46

ORDER re Cross Motions for Summary Judgment (ECF Nos. 37 , 38 ), directing parties to submit briefs with fourteen (14) days explaining why the portions of Plaintiff's testimony that rely on other individuals statements are admissible in this matter. Signed by Honorable Joseph F. Anderson, Jr. on 07/01/2014. (bshr, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Patricia White-Harris,

C/A No. 3:13-cv-01137-JFA

Plaintiff,
vs.
ORDER
GCA Services Group, Inc.,
Defendant.

In this personal injury case, the parties have filed cross motions for summary judgment
pursuant to Rule 56 of the Federal Rules of Civil Procedure. ECF Nos. 37, 38. In support of
their motions, both parties have cited and attached excerpts of the deposition of the plaintiff,
Patricia White-Harris (“Plaintiff”). See ECF Nos. 37-2, 38-2, et seq. In her testimony, Plaintiff
appears to rely on statements made by others, including Ms. Sul Black. Both parties cite some of
this testimony in the briefs. However, hearsay is not admissible to support or oppose summary
judgment, just as the use of hearsay is not admissible at trial. See e.g., Greensboro Prof’l Fire
Fighters Ass’n Local 3157 v. Greensboro, 64 F.3d 962, 967 (4th Cir. 1995) (“evidence that is
inadmissible at trial is not admissible for summary judgment”); U.S. Dept. of Housing and Urban
Dev. v. Cost Control Mktg. & Sales Mgmt. of Va., Inc., 64 F.3d 920, 926 (4th Cir. 1995)
(“hearsay, like other evidence inadmissible at trial, is ordinarily an inadequate basis for summary
judgment”). Thus, pursuant to Rule 56(e), the court directs the parties to submit briefs, within 14
days of this order, explaining why the portions of Plaintiff’s testimony that rely on other
individuals’ statements are admissible in this matter.

IT IS SO ORDERED.

July 1, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge