Free Motion for New Trial - District Court of Delaware - Delaware

Case 1:04-cv—00414-SLR Document 134 Filed 08/26/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
WILLIE DAVIS, JR., NATHANIEL BRIDDELL, ) .
JOSEPH GARRISON, LARRY GIBBS, ‘ ) C. A. NO. 04-0414-SLR
and ROY I-I. WALTERHS, )
) JU RY TRIAL DEMANDED
ALL SIMILARLY-SITUATED CURRENT AND )
FORMER EMLOYEES OF MOUNTAIRE ) COLLECTIVE ACTION
FARMS, INC., MOUNTAIRE FARMS OF )
DELMARVA, INC., and MOUNTAIRE FARMS )
OF DELAWARE, INC., )
)
Plaintiffs, )
)
v. )
)
MOUNTAIRE FARMS, INC., )
MOUNTAIRE FARMS OF DELMARVA, TN C., )
and MOUNTAIRE FARMS OF )
DELAWARE, INC., all Delaware corporations, )
J
Defendants. )
PLAINTIFFS’ MOTION FOR A NEW TRIAL
. Pursuant to Federal Rule of Civil Procedure 59(a)(l)(A), Plaintiffs- Willie Davis, Jr.,
Nathaniel Briddell, Joseph Garrison, Larry Gibbs and Roy H. Walters ("Plaintiffs"), hereby
move this Honorable Court for a new trial for the following reasons that are set forth herein and
n are discussed in the accompanying Memorandum of Law:
l. The Court committed reversible error when it failed to admit an admission of a party-
opponent pursuant to Federal Rule of Evidence 8{)l(d)(2) being the testimony of Plaintiff
Joseph Garrison who was prepared to testify that his manager, Douglas Lynch, advised .
him at the time the claim was made that Mouhtaire was aware that they owed the
Plaintiffs overtime and they would calculate same.
l

Case 1:04-cv—00414-SLR Document 134 Filed 08/26/2008 Page 2 of 2
2. The Court committed reversible error when it denied admission of Plaintiffs’ "Exhibit 1"
containing an admission of Defendant that they owed Plaintiffs overtime.
3. The Court committed reversible error by failing to admit various responses by Defendant _
to Plaintiffs’ Request for Admission that showed that Defendants- misrepresented
Plaintiffs’ working hours.
4. The Court committed reversible error when it denied Plaintiffs’ Batson challenge of an
African American juror struck by Defendant pursuant to a peremptory strike when there
` were insufficient bases to show that the strike was not racially motivated. if
5. The jury selection process in this matter was unconstitutional and contrary to federal
statutes because of the resulting under-representation of African Americans in the jury
venire.
WHEREFORE, Plaintiffs herein respectfully request that the Court grant a new triai in
this matter. _ l
MARTIN & WILSON, P.A.
ls! Jeffrey K. Martin
I JEFFREY K. MARTIN, ESQUIRE (#2407)
TIMOTHY J. WILSON, ESQUIRE (#4323)
1508 Pennsylvania Ave
Wilmington, DE 19806
_ . (3 02) 777-4681
` [email protected]
[email protected]
Attomeysfor Plaintmfs
. DATED: August 26, 2008

Case 1:04-cv-00414-SLR

Document 134

Filed 08/26/2008

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Case 1:04-cv-00414-SLR

Document 134

Filed 08/26/2008

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