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The Court does not see the need to address these requests statement by statement but notes, first, that most of the statements objected to relate to claims that are now being dismissed and, second, to the extent statements contain conclusory statements or information that would otherwise be inadmissible, the Court has not relied on them. Stone was employed by the Police Department as a Corporal until his termination in April 2015. In sum, Defendants' Motion to Strike addresses a variety of statements made in Plaintiffs' affidavits and requests that they be stricken as conclusory or inadmissible hearsay. At the time of his discharge, he was their oldest patrol officer. A myriad of federal and state claims exist for the purpose of allowing plaintiffs to pursue appropriate remedies for the type of conduct alleged. After a conference call with the parties on February 16, 2017, the Court ordered that the two cases be consolidated for motions practice and discovery. 19, Defendants' Motion to Strike portions of the affidavits submitted by Plaintiffs in support of their Opposition to Defendants' Motion, ECF No. The Plaintiffs' age discrimination claims and one conspiracy claim will survive. For purposes of this Motion, the Court will refer to the dates alleged in the instant complaints unless noted otherwise.
On September 29, 2011, Schmidt suffered a hernia while at work, which rendered him unable to work. The trial board did find Schmidt guilty of a minor infraction and recommended a 40 hour suspension and fine, but Chief Robshaw imposed a more severe punishment and terminated Schmidt.