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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 WITNESS LIST

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

Defendants’ Witness List, including specific witnesses not previously identified, and to issue an

Order directing Defendant to comply with this Court’s Scheduling Order and the Federal Rules of

Civil Procedure. As grounds for said motion, Plaintiff states:

1. The Witness List contains numerous witnesses who have not been properly identified

by Defendant and who were not identified on the Defendant’s Initial Disclosures.

Plaintiff Moves to Strike all witnesses listed by Defendant that were not deposed and were

not properly identified during Initial Disclosures. Although Counsel for Plaintiff was not involved

in this case during the initialstages of litigation, Plaintiff is unaware of Defendant having filed initial

disclosures in this case. Counsel for Plaintiff has diligently searched the files for any such record

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Plaintiff is not stating with authority that no Initial Disclosures were ever sent, however, Plaintiff has

searched the file and has been unable to locate any such document and is therefore objecting to any witnesses not

disclosed through Initial Disclosures or through other means. Plaintiff also attempted to contact counsel for

Defendant, but was unable to reach her and wanted to preserve this objection.

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and has been unable to locate Defendants’ Initial Disclosures.

1 Plaintiff is not objecting to witnesses

who were deposed in this case or were identified through other proper means.

Plaintiffs will be severely prejudiced if Defendant is allowed to produce witnesses who have

never been identified and whom Plaintiff did not have the opportunity to depose or question

otherwise during discovery. Fed.R.Civ.P. 26 requiresthat partiesidentifywitnesses during the initial

stages of litigation and to supplement this information as it is discovered during the discovery

process. Specifically, the following witnesses should be struck as they were not properly identified

in the Defendant’s Initial Disclosures or disclosed by other means:

Defendant’s Witness List Witnesses: #6-9; 11-23.

2. The Witness List does not follow the proper procedures of the Middle District of

Alabama and Federal Rules of Procedure, Rule 26.

Pursuant to thisCourt’s UniformSchedulingOrder and the FederalRules ofCivil Procedure,

parties are required to “exchange the names, address and telephone numbers of all witnesses,

separately identifying those whom the party expectsto present and those whom the party may

call if the need arises.” (Doc. #11, Section 10)(Fed.R.Civ.P. 26(a)(3)(A). Rather than comply with

this Order and the Federal Rules, Defendant has listed a total of 29 witnesses (23 who are identified

by name or title). Defendant does not identify which witness it expects to call and which witness

it may call if necessary. Plaintiff respectfully requests that Defendant identify witnesses properly,

pursuant to this Court’s Scheduling Order and the Federal Rules of Civil Procedure.

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

Defendant’s Witness List and order Defendant to: (1) strike all witnesses who have not been

previouslyidentified (specificallywitnesses not identified through initial disclosures); and (2)follow

the proper procedures of the Middle District of Alabama and the Federal Rules of Civil Procedure.

RESPECTFULLY SUBMITTED,

/s/ Joshua D. Wilson

Joshua D. Wilson

Rocco Calamusa, Jr.

Counsel for the Plaintiff

OF COUNSEL:

WIGGINS, CHILDS, QUINN & PANTAZIS, LLC

The Kress Building

301 19

th Street North

Birmingham, Alabama 35203

205/314-0500

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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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