259615.1

IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

STEVE ADAMS, 

Plaintiff, 

v. 

MERCHANTS FOODSERVICE, et al., 

Defendants. 

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CIVIL ACTION NO. 

2:06-cv-00707-ID-CSC 

DEFENDANT MERCHANTS FOODSERVICE’S MOTION 

TO SUBMIT A REVISED DECLARATION OF ANDY MERCIER IN 

SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT

Defendant Merchants Foodservice (“Merchants Foodservice” or 

“defendant”) moves the Court to allow it to submit the revised declaration of Andy 

Mercier (copy attached hereto) in support of its Motion for Summary Judgment, 

for the following reasons: 

1. Paragraph 6 of Andy Mercier’s declaration that was originally 

submitted in support of its Motion for Summary Judgment provides that: 

At the time of his discharge as Operations Manager in the Clanton 

facility on March 29, 2004, Todd Brooks was being paid $45,000 a 

year, and in 2003, he received a bonus of approximately 26% of his 

salary. 

2. In preparing the declaration, Andy Mercier provided the incorrect 

salary amount for Todd Brooks, based on information that he believed at the time 

to be accurate. The correct salary amount was recently discovered by defendant in 

Case 2:06-cv-00707-ID-CSC Document 23 Filed 09/21/2007 Page 1 of 3
259615.1 2 

gathering documents in response to plaintiff’s discovery requests. Instead of 

making $45,000 a year at the time of his discharge, Todd Brooks was making 

$54,600 a year. As a result, Todd Brooks received a bonus of approximately 22% 

of his salary in 2003 instead of a bonus of approximately 26% of his salary. 

Therefore, paragraph 6 of Andy Mercier’s revised declaration provides as follows: 

At the time of his discharge as Operations Manager in the Clanton 

facility on March 29, 2004, Todd Brooks was being paid $54,600 a 

year, and in 2003, he received a bonus of approximately 22% of his 

salary. 

3. The revised declaration of Andy Mercier does not affect a material 

fact. Therefore, plaintiff will not be prejudiced by allowing defendant to submit 

the revised declaration of Andy Mercier in support of its Motion for Summary 

Judgment. 

For these reasons, defendant Merchants Foodservice respectfully requests 

that the Court permit it to submit the revised declaration of Andy Mercier in 

support of its Motion for Summary Judgment. 

Respectfully Submitted, 

/s/ J. Tobias Dykes 

J. Tobias Dykes (Bar No.: DYK002) 

Direct Dial No.: (205) 226-5469 

CONSTANGY, BROOKS & SMITH, LLC 

Suite 900, One Federal Place 

1819 Fifth Avenue North 

Birmingham, AL 35203 

Facsimile: (205) 323-7674 

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CERTIFICATE OF SERVICE

I hereby certify that on September 21, 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: 

Derrick Blythe, Esq. 

126 Marshall Street 

Alexander City, AL 35010 

This 21st day of September 2007. 

/s/ J. Tobias Dykes 

J. Tobias Dykes

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