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Osborn v. Haley

United States District Court, W.D. Kentucky, Paducah Division
Mar 23, 2011
CASE NO: 5:03-CV-192-TBR (W.D. Ky. Mar. 23, 2011)

Opinion

CASE NO: 5:03-CV-192-TBR.

March 23, 2011


MEMORANDUM OPINION AND ORDER


This matter is before the Court upon the Supreme Court's remand. In that opinion, the Supreme Court stated that a court must conduct a factual inquiry to determine whether a defendant was acting within the scope of his employment, as required for a substitution by the Westfall Act, rather than looking to the pleadings.

Osborn v. Haley, 549 U.S. 225 (2007).

The parties have completed the briefs of the issue. Plaintiff offers evidence of temporal proximity. Defendants offers affidavits of Luber and Haley and argue that Plaintiff has not met her burden of proof. Plaintiff replies offering a brief which she asserts is her own affidavit and some arguably hearsay statements of others.

It's clear to the Court that a hearing is necessary. In that hearing, the witnesses can testify under oath and be subject to cross examination. Hopefully, Kuenzli, Luber and Plaintiff would be present. Also, it would be best if Plaintiff had present the various employees that Plaintiff asserts overheard or observed relevant statements or conduct, so as to avoid hearsay issues.

It is ordered that a telephonic conference is set for MARCH 29, 2011 at 8:30 am CST, at which times the court shall set a hearing date convenient for the parties. The Court will place the call to the parties.

Additionally, the motion for an advisory jury (DN 78) is DENIED.

IT IS SO ORDERED.


Summaries of

Osborn v. Haley

United States District Court, W.D. Kentucky, Paducah Division
Mar 23, 2011
CASE NO: 5:03-CV-192-TBR (W.D. Ky. Mar. 23, 2011)
Case details for

Osborn v. Haley

Case Details

Full title:PAT OSBORN PLAINTIFF v. BARRY HALEY, individually DEFENDANTS

Court:United States District Court, W.D. Kentucky, Paducah Division

Date published: Mar 23, 2011

Citations

CASE NO: 5:03-CV-192-TBR (W.D. Ky. Mar. 23, 2011)