Free Proposed Jury Instructions - District Court of Arizona - Arizona

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David C. Larkin #006644 DAVID C. LARKIN, P.C. 4645 South Lakeshore Drive, Suite 6 Tempe, Arizona 85282 Telephone (480) 491-2900 Fax (480) 755-4825 Attorney for Plaintiffs UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Lewis Silverman, Cynthia Silverman, Plaintiffs, vs. Albertsons, Inc., a corporation, Debra A. Collette, Defendants. Plaintiff submits the following two alternative limiting instructions for the Court if the Court does not admit defendant's exhibits 32 and 33 which was the subject of plaintiff's motion in limine and the admission of which plaintiff has objected, and in the alternative, if the Court does admit Exhibits 32 and 33. Respectfully submitted this 1st day of March, 2006. DAVID C. LARKIN, P.C. By: s/ David C. Larkin David C. Larkin Attorney for Plaintiffs No. CIV-O3-2268-PHX-NVW PLAINTIFF'S LIMITING INSTRUCTION ON EEOC RIGHT TO SUE

Case 2:03-cv-02268-NVW

Document 116

Filed 03/02/2006

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PLAINTIFF'S LIMITING INSTRUCTION ON EEOC RIGHT TO SUE IF EXHIBITS 32 AND 33 ARE NOT ADMITTED

Plaintiff testified that he received a right to sue letter from the EEOC. The issuance of that letter only means that the plaintiff has first filed his complaint with the EEOC as a prerequisite to filing a lawsuit. By issuing a right to sue, the EEOC makes no finding on the merits, and Mr. Silverman was then allowed to file this action.

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PLAINTIFF'S LIMITING INSTRUCTION ON EXHIBITS 32 AND 33 IF ADMITTED

Plaintiff testified that he received a right to sue letter from the EEOC. The letter only means that the plaintiff has first filed his complaint with the EEOC as a prerequisite to filing a lawsuit. Defendant has offered Exhibits 32 and 33, which provided Mr. Silverman with notice of its dismissal of his EEOC charge of discrimination and notice of his right to file a lawsuit within 90 days of the date of the issuance. Defendant has offered no evidence regarding the nature and scope of the EEOC investigation, if any. Exhibit 33 expressly provides that the dismissal "is not a statement on the merits of Mr. Silverman's claim. The dismissal is necessary before Mr. Silverman could file a lawsuit. Accordingly, you may not give Exhibits 32 and 33 any evidentiary weight on any issue, other than the fact that Mr. Silverman had the jurisdictional right to file this lawsuit under federal law.

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Case 2:03-cv-02268-NVW

Document 116

Filed 03/02/2006

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Electronic notice and service of documents provided to:

Jeffrey L. Lowry, Esq. Thomas L. Stahl, Esq.
Aaron C. Viets, Esq.

Rodey, Dickason, Sloan, Akin & Robb, P.A. 201 Third Street NW, Suite 2200 Albuquerque, New Mexico 87102 Attorneys for Defendant

/s David C. Larkin

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Case 2:03-cv-02268-NVW

Document 116

Filed 03/02/2006

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