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IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDE DISTRICT OF ALABAMA 

EASTERN DIVISION (OPELIKA) 

ELIZABETH LYNNE HUTCHINSON ) 

 ) 

 Plaintiff, ) 

 ) 

vs. ) CIVIL ACTION NO. 

3:06-cv-00700-WHA 

THE PHENIX CITY BOARD OF ) 

EDUCATION and LARRY E. DiCHIARA ) 

 ) 

 Defendants ) 

REVISED DEFENDANTS’ EXHIBITS LIST

 Come now the Defendants, Phenix City Board of Education and Larry E. DiChiara, and 

submit the following revised list of exhibits in compliance with Rule 26(a)(3) (C) of the Federal 

Rules of Civil Procedure. 

A. The following are the exhibits that Defendants expect to offer at trial. 

1. Phenix City Board of Education Policy GAAA, 1 page, entitled Equal Opportunity 

Employment. 

2. Elizabeth Hutchinson’s Application for Classified Services dated July 2, 2003. 

3. Elizabeth Hutchinson’s Employment Contract for School Year 2003-2004. 

4. Job description for Child Nutrition Program Worker, 2 pages, signed by Elizabeth 

Hutchinson on August 26, 2004. 

5. Elizabeth Hutchinson’s Employment Contract for School Year 2004-2005. 

6. Elizabeth Hutchinson’s classified Personnel Evaluation Form dated March 12, 2004. 

7. Elizabeth Hutchinson’s classified Personnel Evaluation Form dated April 25, 2005. 

8. Phenix City Board of Education Policy GAE, pages 1-3 of 9 pages, entitled 

Complaints and Grievances. 

9. Official Minutes of the Board of Education, City of Phenix City, Alabama, dated May 

12, 2005, 3 pages, evidencing non-renewal of Elizabeth Hutchinson. 

10. Letter of C. Jeff Adams to Elizabeth Hutchinson dated May 13, 2005, containing 

notice of non-renewal of contract. 

11. Typed transcript of conversations among Will McCart, a secretary, Penny Passmore, 

Jeff Adams and Elizabeth Hutchinson on November 10, 2004. 

12. Typed transcript of conversations among Will McCart, Dr.Larry DiChiara and 

Elizabeth Hutchinson on or about late May or early June 2005. 

Case 3:06-cv-00700-WHA-WC Document 50 Filed 07/18/2007 Page 1 of 2
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B. The following are exhibits that Defendants may offer at trial if the need arises. 

1. Any and all documents sent or identified in response to Plaintiff’s discovery. 

2. Any and all documents sent or identified in response to Defendants’ discovery. 

3. Any and all documents listed by Plaintiff and not objected to by Defendants. 

4. Any and all documents or exhibits needed for rebuttal. 

5. Any and all documents or exhibits needed for impeachment. 

6. Deposition excerpts in this matter. 

7. Defendants reserve the right to amend or supplement this exhibit list. 

 This the 18th day of July 2007. 

 

Respectfully Submitted, 

/s/Sydney S. Smith 

Smith & Smith, P.C. 

Attorneys for Defendants 

Phenix City Board of Education 

Larry E. DiChiara 

1503 Broad Street 

Phenix City, AL 36867 

334-298-2679 

ASB-4248-T82S 

CERTIFICATE OF SERVICE

I hereby certify that I have served the Revised Defendants’ Exhibits List upon Plaintiff’s 

counsel, by electronic filing and by email on this 18th day of July, 2007. 

 Joshua D. Wilson, Esq. 

 Rocco Calamusa, Jr., Esq. 

 Wiggins, Childs, Quinn & Pantazis, LLC. 

 The Kress Building 

 301 19th Street North 

 Birmingham, Alabama 35203 

jwilson@wcqp.com

rcalamusa@wcqp.com

 

 /s/ Sydney S. Smith 

Case 3:06-cv-00700-WHA-WC Document 50 Filed 07/18/2007 Page 2 of 2