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Hamilton v. Core-Mark International, Inc.

United States District Court, E.D. Arkansas, Pine Bluff Division

October 7, 2019

TERRY W. HAMILTON PLAINTIFF
v.
CORE-MARK INTERNATIONAL, INC. DEFENDANT

          ORDER

          D.P. MARSHALL JR. UNITED STATES DISTRICT JUDGE.

         Hamilton has not responded to Core-Mark's motion in limine. His time to do so has passed. The Court makes the following rulings. Where the denial is without prejudice or directions, the Court is declining to rule prematurely on an abstract question that may not arise.

         • Legal theories not pleaded

         Denied without prejudice.

         • Dismissed claims and evidence related to those claims

         Granted on dismissed claims themselves, but otherwise denied without prejudice and with directions. Evidence that is relevant to both a dismissed and a non-dismissed claim can be admitted for the purpose of proving the non-dismissed claim. Hamilton must tread carefully here, though.

         • Hearsay evidence, including the use of racial slurs

         Partly granted; partly denied. All hearsay is excluded. All racial slurs by employees without hiring authority are excluded. But racial slurs by Core-Mark folks with hiring authority in areas where Hamilton worked or sought promotion are admissible.

         • Evidence of sex-based discrimination relating to other former employees

         Granted.

         • Wayne Brown

         Partly granted; partly denied. No. "me too" testimony. Brown may testify only on the issues and areas identified by Hamilton in his deposition. The limits specified in the Court's summary judgment Order, Nq 52 at 2, apply.

         • Unident ...


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