Free Statement - District Court of Colorado - Colorado

Case 1:04-cv-01009-EWN-MEH

Document 63

Filed 02/22/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1009-EWN-MEH MARIAN J. BARCIKOWSKI, v. SUN MICROSYSTEMS, INC., a Delaware corporation, Defendant. ______________________________________________________________________________ PLAINTIFF'S SECOND STATEMENT OF SUPPLEMENTAL AUTHORITY ______________________________________________________________________________ COMES NOW the Plaintiff, by and through his attorneys, Roseman & Kazmierski, LLC, and respectfully submits the following Statement of Supplemental Authority herein: 1. Ash v. Tyson Foods, Inc., 546 U.S. ____ , slip op. at 2 (Feb. 21, 2006)1 (court must Plaintiff,

consider "various factors including context, inflection, tone of voice, local custom and historical usage" in determining whether there is a genuine issue of material fact on question of whether plant manager's repeated use of the word "boy" to refer to an African-American subordinate employee was evidence of discriminatory animus). ROSEMAN & KAZMIERSKI, LLC s/Barry D. Roseman BARRY D. ROSEMAN 1120 Lincoln Street, Suite 1607 Denver, Colorado 80203 303/839-1771 Attorneys for Plaintiff

1

A copy of that opinion is being filed with this Statement.

Case 1:04-cv-01009-EWN-MEH

Document 63 -2-

Filed 02/22/2006

Page 2 of 2

CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the twenty-second day of February 2006, a true and correct copy of the above and foregoing Plaintiff's Second Statement of Supplemental Authority was sent via CM/ECF electronic filing, addressed to the following party: Steven J. Merker, Esq. R. Stephen Hall, Esq. DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202-5647

s/Karin C. Bailey Karin C. Bailey