Sparkman et al v. Thompson et al
Plaintiff: Phillip Darrell Sparkman and Ralph Dyer
Defendant: Randy Thompson
Case Number: 7:2008cv00001
Filed: December 30, 2007
Court: US District Court for the Eastern District of Kentucky
Office: Pikeville Office
County: Knott
Presiding Judge: Gregory F. Van Tatenhove
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination)
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 19, 2011 Opinion or Order Filing 154 MEMORANDUM OPINION & ORDER: (1) Dft prohibited from introducing evidence to show Pla Sparkmans alleged failure to mitigate damages. (2) Dfts Motion for Reconsideration (DE 138 ) is DENIED because the Dft has presented no evidence that Pla Sparkman s unemployment records show that substantially equivalent positions were available to him and thus, this evidence is not relevant to Sparkmans alleged failure to mitigate damages. (3) Pla Sparkman is cautioned, however, that if he opens the door at trial, evidence of other available employment or his receipt of unemployment benefits could become relevant notwithstanding the Courts rulings on these issues. If the Dft believes that such evidence has become relevant, he must seek the Courts permis sion before presenting the evidence to the jury. 4) Dfts Motion to Quash Subpoenas and Motion for a Protective Order (DE 139 ) is DENIED AS MOOT because the Plaintiffs indicated at the January 18, 2011 status conference that they no longer have a need to depose either Harold Mullins or Rhett Gibson. Signed by Judge Karen K. Caldwell on 1/19/11.(MJY)cc: COR
December 14, 2010 Opinion or Order Filing 130 OPINION & ORDER: the defendants Motion in Limine to Exclude the Proposed Testimony of Larry Lynch (DE 113 ) is DENIED. Signed by Judge Karen K. Caldwell on 12/14/10.(MJY)cc: COR
September 16, 2010 Opinion or Order Filing 124 MEMORANDUM OPINION & ORDER:(1) Dfts Motion to Bifurcate (DE 104 ) is GRANTED IN PART and DENIED IN PART as follows: (a) Dfts Motion is GRANTED to the extent that Pla Dyer is prohibited from amending his complaint to add a separate cause of action b ased on the November 2007 layoff; and (b) Dfts Motion is DENIED to the extent that it seeks to bifurcate the trial of this matter. (2) Furthermore, the Court finds that the November 2007 layoff, which has been disclosed extensively in discovery, is admissible evidence as to the Dfts intent with respect to the alleged discriminatory acts against Pla Dyer. Signed by Judge Karen K. Caldwell on 9/16/10.(MJY)cc: COR
September 9, 2010 Opinion or Order Filing 122 MEMORANDUM OPINION & ORDER: (1) Plaintiffs Motion in Limine Regarding the Collateral Source Rule (Rec. 83 ) is GRANTED IN PART and DENIED IN PART as follows: (a) Plaintiffs Motion is GRANTED to the extent that Defendant Thompson is prohibited from introducing evidence or arguing that any damagesawarded on either the federal or state law claims should be offset or reduced by amounts Plaintiffs received as unemployment benefits; and (b) Plaintiffs Motion is DENIED in all other respects. (2) Furthermore, the parties are hereby put on notice to bring their calendars to the hearing set for September 14, 2010, for the purpose of determining suitable pretrial and trial dates. Signed by Judge Karen K. Caldwell on 9/9/10.(MJY)cc: COR
March 25, 2010 Opinion or Order Filing 94 OPINION & ORDER: (1) Defendant Thompsons motion for summary judgment (Rec. 49 ) is DENIED; and (2) Plaintiffs motion for partial summary judgment (Rec. 52 ) is DENIED. Signed by Judge Karen K. Caldwell on 3/25/10.(MJY)cc: COR
July 6, 2009 Opinion or Order Filing 46 OPINION & ORDER: The Defendant's 35 MOTION to Stay is hereby DENIED. Signed by Judge Karen K. Caldwell on July 6, 2009. (AWD) cc: COR
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Plaintiff: Phillip Darrell Sparkman
Represented By: Nicholas C.A. Vaughn
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Plaintiff: Ralph Dyer
Represented By: Nicholas C.A. Vaughn
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Defendant: Randy Thompson
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