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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

ELIZABETH LYNNE HUTCHINSON, )

)

Plaintiffs, )

) CIVIL ACTION NO:

vs. ) CV-06-00700-WHA

) JURY DEMAND

)

PHENIX CITY BOARD OF EDUCATION, )

LARRY E. DICHIARA, officially as )

as Superintendent of the Phenix City Schools, )

)

)

Defendants. )

PLAINTIFF’S OBJECTIONS AND MOTION TO STRIKE

DEFENDANT’S EXHIBIT LIST

COMES NOW, Plaintiff Elizabeth Hutchinson, and hereby objects and moves to strike

portions of Defendant’s Exhibit List. (Doc. #44). Plaintiff objects to the Defendants’ Exhibit List

because documents/exhibits have not been properly identified and because the listing of the exhibits

are too broad and that the specific documents are not properly identified. Because these documents

are not properly identified, Plaintiff cannot file objections as to the relevance or admissibility of

these documents. As grounds for said motion, Plaintiff states as follows:

Defendants’ExhibitList does not properly identify the documents which are to be used

at trial. The listings are too general and broad for Plaintiff to identify what specific

documents may be used at trial.

Defendants lists broad categories of documents rather than identifying specific documents

that it plans to introduce at trial. Plaintiff will be severely prejudiced if counsel cannot properly

prepare for each specific exhibit that is going to be presented at trial. For example, Defendant lists

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the following general categories of documents as exhibits:

2. Plaintiff’s personnel files.

3. Any reports of injuries and treatments; and written reports, grievances or statements

of

Plaintiff complaining about her working conditions.

4. Portions of the personnel files of any employees of Defendant Board which might be

relevant to Plaintiff’s claims or Defendant’s defenses.

5. The relevant policies, procedures and rules of Defendant Board.

6. Records relating to any prior employment of Plaintiff.

7. Recordsrelating to anyprior civil and criminal legalmatersinvolving Plaintiff and/or

her

family.

The listing of these exhibits are not proper. Each of these listing contains numerous pages

of documents. Plaintiff cannot be expected to have knowledge of which specific document inside

these broad listings will be presented at trial.

Plaintiffrespectfully requeststhat this Court enter an Orderrequiring Defendantsto properly

identify specific exhibits that it intends to use at trial, by some sort of title, so Plaintiff can properly

identify these documents and properly prepare for trial.

WHEREFORE, premises considered, Plaintiff respectfully moves that this Court strike the

Defendants’ Exhibit List, more specifically to enter an Order requiring Defendants to properly

identify specific exhibits that it intends to use at trial, by some sort of title, so Plaintiff can properly

identify these documents and properly prepare for trial.

RESPECTFULLY SUBMITTED,

/s/ Joshua D. Wilson

Joshua D. Wilson

Rocco Calamusa, Jr.

Counsel for the Plaintiff

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OF COUNSEL:

WIGGINS, CHILDS, QUINN & PANTAZIS, LLC

The Kress Building

301 19

th Street North

Birmingham, Alabama 35203

205/314-0500

CERTIFICATE OF SERVICE

I hereby certify that on July 12, 2007, I electronically filed the foregoing with the Clerk of

the Court using the CM/ECF system, which will send notification of such filing to the following:

Sidney S. Smith

Smith & Smith, PC

1503 Broad Street

Phenix City, AL 36867

/s/ Joshua D. Wilson

Of Counsel

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