Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Nalls v. Corizon Health, Inc.

United States District Court, M.D. Alabama, Northern Division

August 10, 2017

WILMA NALLS, Plaintiff,
v.
CORIZON HEALTH, INC., Defendant.

          MEMORANDUM OPINION AND ORDER

          W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This 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.

         II. DISCUSSION

         This 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).

         On June 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.

         A. Duffell's First Affidavit (Doc. # 14-7)

         As to 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).

         First, Nalls claims that paragraph 8 is contradictory to her deposition testimony, and is therefore due to be stricken.[1] 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 hiring employees?
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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.