United States District Court, N.D. Mississippi, Greenville Division
M. BROWN UNITED STATES DISTRICT JUDGE
the Court is the Cleveland School District's
“Motion to Strike.” Doc. #159.
October 16, 2018, Jasmine Shepard filed numerous documents as
exhibits to her response to the defendants' motions for
summary judgment, including a New York Times
article, a Bolivar Commercial article, and a
Washington Post article. Because Shepard incorrectly
filed these and other exhibits, the Court ordered her to
re-file them. Doc. #169 at 7-8. On December 21, 2018, Shepard
re-filed the exhibits,  including the three newspaper articles.
See Docs. #176- 1 (New York Times article);
#176-2 (Bolivar Commercial article); #179-2
(Washington Post article).
October 29, 2018, the Cleveland School District filed a
motion to strike the three newspaper articles and other
matters in Shepard's summary judgment response and
supporting memorandum brief. Doc. #159. Shepard responded to
the motion on November 21, 2018. Doc. #163. The School
District replied on November 28, 2018. Doc. #164.
School District moves to strike from Shepard's responsive
filings (1) the three newspaper articles; (2) certain quotes
attributed to “the school board attorney;” (3)
references to Jacqueline Thigpen as a “turncoat;”
and (4) “repeated” references to Cowan v.
Cleveland School District. Doc. #159 at 1-2.
School District moves to strike the three newspaper articles
as inadmissible hearsay. See Doc. #160 at 4. In
response, Shepard argues that the Court should take judicial
notice of all three articles, and that the Bolivar
Commercial article should be admitted as
“trustworthy, relevant and material ….”
Doc. #163 at 3.
cites Planned Parenthood Gulf Coast, Inc. v.
Kliebert, 141 F.Supp.3d 604, 645 n.34 (M.D. La. 2015),
for the proposition that, pursuant to Federal Rule of
Evidence 201(b), a court “may take judicial notice of
public ally-available [sic] documents and transcripts
produced by a state or federal agency which were matters of
public records directly relevant to the issue at hand.”
Doc. #163 at 3. Kliebert concerned the admissibility
of a bulletin published by the Centers for Medicare &
Medicaid Services, a government agency. See
Kliebert, 141 F.Supp.3d at 611, 645-46. Shepard does not
explain, nor does the Court see, how Kliebert
applies to the admissibility of articles published by
non-governmental entities such as The New York
Times, The Washington Post, and The Bolivar
Commercial. Under these circumstances, the Court
declines to Doc. #170. This order includes Shepard's
arguments nonetheless since none of the arguments mentioned
result in relief in her favor. take judicial notice of the