IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

MAXIE MCNABB, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06cv664-MHT

)

SANDERS LEAD COMPANY, INC., )

)

Defendant. )

_____________________________________________________________________

DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

_____________________________________________________________________

COMES NOW, Defendant Sanders Lead Company, Inc., by and through the

undersigned counsel of record, and moves this Honorable Court to enter summary

judgment in Defendant’s favor pursuant to Rule 56 of the Federal Rules of Civil Procedure

and states no genuine issues of material fact exist and Defendant is entitled to judgment

as a matter of law. As grounds therefore, Defendant relies upon the following:

1. Defendant’s Memorandum Brief submitted contemporaneously with this

Motion;

2. The affidavit of Edgar Fannin, attached as Exhibit 1 to Defendant’s Brief;

3. Disciplinary Notices/Warnings to Mr. McNabb, attached as Exhibits 2-30 to

Defendant’s Brief.

4. The affidavit of Bart Sanders, attached as Exhibit 31 to Defendant’s Brief;

5. The Dismissal and Notice of Rights issued by the EEOC, attached as Exhibit

32 to Defendant’s Brief;

6. The affidavit of Sam Kitchens, attached as Exhibit 33 to Defendant’s Brief;

Case 2:06-cv-00664-MHT-SRW Document 9 Filed 05/25/2007 Page 1 of 3
7. Mr. McNabb’s employment eligibility form, attached as Exhibit 34 to

Defendant’s Brief;

8. A Change of Employee Status showing when Mr. McNabb was hired the first

time, attached as Exhibit 35 to Defendant’s Brief;

9. A Change of Employee Status showing when Mr. McNabb quit, attached as

Exhibit 36 to Defendant’s Brief;

10. A Change of Employee Status showing when Mr. McNabb was hired the

second time, attached as Exhibit 37 to Defendant’s Brief;

11. Any and all pleadings filed in this matter.

The grounds and basis for this Motion are more fully set forth in the accompanying

Memorandum Brief in Support of Defendant’s Motion for Summary Judgment, which is

incorporated by reference into this Motion and filed herewith.

WHEREFORE, PREMISES CONSIDERED, because Plaintiff cannot present

sufficient evidence to support his claim for age discrimination, Defendant respectfully

requests this Honorable Court grant summary judgment as to each and every claim

asserted against Defendant by Plaintiff in this matter.

Respectfully submitted this the 25th day of May, 2007.

s/ N.J. Cervera 

N.J. Cervera (CER001)

s/ Frank P. Ralph 

Frank P. Ralph (RAL002)

s/ Grady A. Reeves 

Grady A. Reeves (REE042)

s/ Matthew M. Baker 

Matthew M. Baker (BAK017)

Case 2:06-cv-00664-MHT-SRW Document 9 Filed 05/25/2007 Page 2 of 3
OF COUNSEL:

CERVERA, RALPH, & REEVES, LLC

914 South Brundidge Street

P.O. Box 325

Troy, Alabama 36081

phone (334) 566-0116

fax (334) 566-4073

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing document by placing

the same in the U.S. Mail, postage prepaid and properly addressed to:

Roderick T. Cooks, Esq.

WINSTON COOKS, LLC

The Penick Building

319 17th Street North

Birmingham, Alabama 35203

this the 25th day of May, 2007.

s/ N.J. Cervera 

OF COUNSEL

Case 2:06-cv-00664-MHT-SRW Document 9 Filed 05/25/2007 Page 3 of 3