Ok, since we last checked in the Court denied the footsie motion, then plaintiffs moved to reconsider, then Magistrate Judge Brown denied the motion to reconsider (all links are Scribd).
There's a treasure trove of material in there, but I'm going to put up the plaintiff's motion to reconsider, because pound for pound it's a start to finish must-read.
BTW, I scoured the reconsideration motion for the source of this seemingly out of nowhere comment by the Judge in his order denying reconsideration:
The court will not dignify the racial slant with a response.Where did that come from?
Although it took me many hours of careful review, I think I may have found what prompted it:
It must be noted that the only witness asked as to whether or not he had been convicted of a felony and whether or not his employer had represented him in the past, was of the young African-American witness, and not of the other two witnesses.All I can say is since the Court struck the plaintiffs' jury demand this is going to be one very interesting bench trial.