Opinion
No. 01 C 2099
October 1, 2001
MEMORANDUM OPINION AND ORDER
In accordance with this Court's request, counsel for plaintiff Gerald Morris ("Morris") has submitted a list of Seventh Circuit decisions that in his view call for denial of the motion by defendant Jewel Food Stores, Inc. ("Jewel") to strike a host of the allegations in Morris' Third Amended Complaint ("TAC") — TAC ¶¶ 13 through 19, 22 through 24 and 26 — as being impermissibly beyond the scope of Morris' agency-filed Charge of Discrimination. This Court has reviewed that Charge and the TAC in light of the cited authorities, and it finds that Jewel's motion to strike is sound in its entirety.
Accordingly all of the above-referred-to paragraphs of the TAC are indeed stricken. This should not however be misunderstood as necessarily barring the admissibility at trial (or for summary judgment purposes) of evidence as to any of those matters that may qualify for such admissibility under Fed.R.Evid. 404(b) — for example, as bearing upon the issue of Jewel's assertedly race-discriminatory intent in dealing with Morris on his still-viable claim.