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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION

JANE DOE AW,

Plaintiff

v.

BURLESON COUNTY,

Defendant

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Case No. 1:20-CV-00126-SH

ORDER

The Court held a final pretrial conference on February 7, 2022. Having considered the parties’ 

submissions, the record, and the applicable law, the Court enters this Order as to Defendant’s 

Motion in Limine, filed March 22, 2021 (Dkt. 64); Plaintiff Jane A.W. Doe’s Motion in Limine, 

filed March 23, 2021 (Dkt. 71); Defendant’s Objections to Plaintiff’s Exhibit and Witness List, 

filed March 25, 2021 (Dkt. 76); Plaintiff’s Objections to Defendant’s Pretrial Order Documents, 

filed March 25, 2021 (Dkt. 77); and Defendant’s Objections to Plaintiff’s Exhibit and Witness 

Lists, filed January 28, 2022 (Dkt. 103).

I. Motions in Limine

The Court GRANTS Plaintiff’s Motion in Limine (Dkt. 71).

The Court GRANTS IN PART AND DENIES IN PART Defendant’s Motion in Limine 

(Dkt. 64), as follows:

• Categories 1 through 5 are GRANTED.

• Category 6, seeking to exclude “[a]ny comment on, reference to, or suggestion of 

alleged actions of former Burleson County Judge Mike Sutherland,” is DENIED

pursuant to Plaintiff’s objection.

• By agreement of the parties, the Court GRANTS Defendant’s Motion in Limine as to 

Category 7, as revised: “Neither party may comment on, refer to, or suggest that a 

settlement agreement was reached between Plaintiff, Funky Junky, and/or Mike 

Sutherland.”

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II. Defendant’s Objections to Plaintiff’s Witnesses

Plaintiff withdrew her identification of Judge Reva Towslee-Corbett as a witness. Accordingly, 

the Court DISMISSES AS MOOT Defendant’s objection to that witnesses. 

The Court provisionally grants Defendant’s objection to testimony from Plaintiff’s witness 

Caroll Scogin-Brincefield, pending further briefing from the parties. The parties are ORDERED

to submit supplemental briefing regarding the admissibility of Caroll Scogin-Brincefield’s 

testimony and its relevance to Plaintiff’s claim remaining for trial in this case by Thursday, 

February 10, 2022.

III.Objections to Exhibits

A. Plaintiff’s Exhibits

Pending briefing by the parties, the Court provisionally denies Defendant’s objections to 

Plaintiff’s Exhibit P-1 (State Judicial Conduct Commission Order). This document appears to 

satisfy the requirements of a public record and therefore is not excluded by the rule against hearsay 

pursuant to Federal Rule of Evidence 803(8). Plaintiff may file supplemental briefing regarding 

the admissibility of Exhibit P-1 on or before February 10, 2022, to which Defendant may file any 

response by Friday, February 11, 2022.

The Court SUSTAINS Defendant’s objection to Exhibit P-2 (Caroll Scogin-Brincefield

Declaration/Affidavit) on the basis that it constitutes hearsay under Federal Rule of Evidence 802.

The Court DISMISSES AS MOOT Defendant’s objection to Exhibit P-3 (Employee 

Handbook), which Plaintiff withdrew. Plaintiff may offer the entirety of the Burleson County 

Policy Manual as a trial exhibit under Federal Rule of Evidence 106.

The Court provisionally grants Defendant’s objection to Plaintiff’s Exhibits P-4 (Deski 

Termination Letter to Jane Doe AW), P-5 (Messages between Corbett and Jane Doe AW), and P-6 

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(Messages from Deski) as irrelevant under Federal Rule of Evidence 401. Plaintiff may address 

these exhibits in her supplemental briefing and Defendant may respond as ordered above.

B. Defendant’s Exhibits

The Court OVERRULES Plaintiff’s objections to Defendant’s Exhibit D-1 (Burleson 

County’s Policy on Harassment) and Exhibit D-2 (Plaintiff’s Acknowledgement regarding 

Burleson County Policy Manual), which are relevant under Federal Rule of Evidence 401.

IV. Joint Jury Instructions and Stipulated Facts

The parties have failed to submit a joint proposed set of jury instructions and list of stipulated 

facts. See Dkt. 102 at 1-2. The parties are hereby ORDERED to submit any jury instructions and 

stipulated facts to which they jointly agree on or before February 10, 2022.

SIGNED on February 8, 2022.

SUSAN HIGHTOWER

UNITED STATES MAGISTRATE JUDGE

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