Free Reply to Response to Motion - District Court of Delaware - Delaware

Case 1:06-cv-00275-GMS

Document 119

Filed 04/14/2008

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROBERT D. CHRIST, ) ) Plaintiff, ) ) v. ) ) BRETT J. CORMICK and ELAN SUISSE ) INTERNATIONAL HOLDINGS (USA) ) LLC, ) ) Defendants. ) ____________________________________) ELAN SUISSE, LTD., ) ) Plaintiff, ) ) v. ) ) ROBERT D. CHRIST, ) ) Defendant. ) ____________________________________)

C.A. No. 06-275-GMS

C.A. No. 07-60-GMS

REPLY MEMORANDUM IN SUPPORT OF MOTION IN LIMINE TO PRECLUDE HEARSAY TESTIMONY 1. In their opening memorandum, movants Brett J. Cormick, Elan Suisse International

Holdings (USA) LLC and Elan Suisse, Ltd. demonstrated that Mr. Christ has no witnesses with firsthand knowledge as to the facts which allegedly prove that Dr. Cormick made false representations, and so any testimony from Mr. Christ demonstrating the falsity of the alleged statements would constitute inadmissible hearsay and should be excluded. 2. Mr. Christ does not deny that he has no first-hand knowledge and is relying solely on

statements he either read or were told to him from other sources. Further, Mr. Christ does not give any examples demonstrating that any hearsay would be subject to any known exception.

Case 1:06-cv-00275-GMS

Document 119

Filed 04/14/2008

Page 2 of 2

3.

Mr. Christ has claimed that there are numerous fraudulent statements in each of over

200 pages of e-mails. He has claims an unspecified number of unspecified false oral statements (as to which movants have objected in a separate motion in limine). Mr. Christ seeks a trial where there are continuous objections in front of a jury, the risk of answers given notwithstanding objections, and numerous delays as the foundation must be established outside the presence of the jury, all to the prejudice of movants. 4. In the event that the Court is unwilling to issue an Order excluding all hearsay

statements to prove fraud, the Court should adopt an orderly procedure to determine the admissibility of any testimony without constant interruption and removal of the jury. WHEREFORE, for the foregoing reasons, movants respectfully request that the Court exclude from trial any testimony from Mr. Christ, and any related documents derived from investigation rather than his personal observation. Dated: April 14, 2008 Respectfully submitted,

/s/ David L. Finger David L. Finger (DE Bar ID #2556) Finger & Slanina, LLC One Commerce Center 1201 Orange Street, Suite 725 Wilmington, DE 19801-1155 (302) 884-6766 Attorney for Brett J. Cormick, Elan Suisse International Holdings (USA) LLC and Elan Suisse, Ltd.