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DR. GRAHAM SHEA, DDS, Plaintiff v. Management And Training Corporation, Defendant

SUSAN HIGHTOWER, JUDGE.

ORDER

SUSAN HIGHTOWER, JUDGE.

On August 26, 2021, the Court entered an order sustaining Defendant Management and Training Corporation’s (“MTC”) Objection to Plaintiff’s Exhibit P-63 (Dkt. 60 at 1) and excluded Daniel Clay Purswell’s employee file from evidence. Dkt. 61. The Court found that Purswell, as a permanent MTC employee, was not similarly situated to Plaintiff, a probationary employee, under nearly identical circumstances. Id. at 1.

During trial, the parties introduced evidence that MTC had an at-will employment arrangement with both its permanent and probationary employees. Plaintiff orally moved for reconsideration of the Court’s previous order excluding Plaintiff’s Exhibit P-63, given the similarity in Purswell and Plaintiff’s terms of employment.

Disparate treatment of a less similarly situated comparator can be considered, despite its lessor probative value. Brown v. Wal-Mart Stores E., L.P., 969 F.3d 571, 580 (5th Cir. 2020). In accordance with the Court’s verbal order, IT IS ORDERED that the Court’s August 26, 2021 Order (Dkt. 61) is AMENDED IN PART to admit Plaintiff’s Exhibit P-63 into evidence.

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Shea v. Mgmt. & Training Corp.
(Sep 1, 2021)