United States District Court, M.D. Alabama, Northern Division
MEMORANDUM OPINION AND ORDER
HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE
cause is before the court on the Plaintiff's Motions to
Strike (Doc. # 20, 23) certain paragraphs from affidavits
submitted by Jessica Duffell (“Duffell”) in
support of the Defendant's Motion for Summary Judgment,
together with briefing in support of and in opposition to the
Motions. For the reasons to be discussed, the Plaintiff's
Motions to Strike are due to be DENIED.
case arises out of the termination of Plaintiff, Wilma Nalls,
who was previously employed by Defendant Corizon Health, Inc.
In her Complaint, Nalls alleges various claims for race and
age discrimination in violation of Title VII of the Civil
Rights Act of 1964, as amended, 42 U.S.C. § 2000e, and
the Age Discrimination in Employment Act, 29 U.S.C. §
621, et seq., respectively. Specifically, Nalls brings claims
of hostile work environment (Count I), disparate treatment
(Count II), age discrimination (Count III); and retaliation
(Count V). (Doc. # 1).
5, 2017, Corizon filed a Motion for Summary Judgment (Doc. #
14), submitting various exhibits as evidence in support of
its Motion, including an affidavit submitted by Duffell,
Nalls's direct supervisor (Doc. # 14-7). Nalls later
responded to the Motion (Doc. # 18) and Corizon replied (Doc.
# 22). In support of Corizon's reply, Corizon submitted a
supplemental affidavit from Duffell (Doc. # 22-1). Nalls has
filed two Motions to Strike seeking to exclude certain
portions of each of Duffell's affidavits. The court will
examine each of Nalls's objections as they relate to each
affidavit, in turn.
Duffell's First Affidavit (Doc. # 14-7)
Nalls's first Motion, Nalls seeks to strike paragraphs 8,
10, 12, 13, 16, 17, 20, and 30 from Duffell's first
affidavit (Doc. # 14-7).
Nalls claims that paragraph 8 is contradictory to her
deposition testimony, and is therefore due to be
stricken. Paragraph 8 states:
8. As the HAS I did not, and do not, have the ultimate
authority to terminate Ms. Nalls or any other employee of
Corizon at the Bullock Correctional Facility. However, I, as
the Health Services Administrator, and Dorothy Price, as the
Director of Nursing (“DON”), both made the
recommendation to the interim Director of Operations, Peggy
Minyard, and Ken Dover, the Vice President of Operations for
Corizon. Thereafter, the recommendation for termination had
to be approved by Human Resources Manager, Dan Birchfield, at
Corizon's home office in Brentwood, Tennessee.
(Doc. # 14-7, p. 3, ¶ 8). Nalls claims this statement is
contradictory to Duffell's deposition testimony, wherein
she testified as follows:
Q. As a Health Service Administrator, are you in charge of
A. I am.
Q. Are you in charge of disciplining employees?
A. I am.
Q. Are you in charge of firing employees?
A. I am.
Q. Are you in charge of maintaining a personnel file on