United States District Court, E.D. Arkansas, Pine Bluff Division
TERRY W. HAMILTON PLAINTIFF
CORE-MARK INTERNATIONAL, INC. DEFENDANT
MARSHALL JR. UNITED STATES DISTRICT JUDGE.
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
Dismissed claims and evidence related to those
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
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
Evidence of sex-based discrimination relating to
other former employees
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,