Free Motion to Strike - District Court of Connecticut - Connecticut

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j 1 Case 3:03—cv—00373-RNC Document 93 Filed 08/17/2004 Page 1 of 4
1
THE UNITED STATES DISTRICT COURT 1
DISTRICT OF CONNECTICUT
1 RICHARD A. MYERS, ETAL. 1
Piaamirrs,
CIVIL ACTIoN N0.; 2:03-Cv-00373 (RNC) 1
1 v. 1
11 1
1 TOWNSHIP OF TRUMBULL, ETAL. 1
· Defendants. AUGUST 17, 2004
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DEFENDANT WESTEIELD SHo1>1>INCTowN TRUMBULL'S MOTION TO
I STRIKE EXHIBITS SUBMITTED BY PLAINTIEES IN RESPONSE TO 1
1 DEEENDANT•S MOTION FOR SUMMARY JUDGMENT i
11 The defendant Westfield Shoppingtown Trumbull hereby moves to strike
I Exhibits A through F and Exhibit L attached to Plaintiffs Local Rule 56(a)(2)
Statement filed in response t0 Westfield Shoppingtown Trumbull's Motion for
Summary Judgment dated June 15, 2004. As set forth herein and in the memorandum
11 of law filed in support of this motion, plaintiff has not demonstrated that each of the 1
11 aforementioned exhibits would be admissible at trial. Therefore, under Rule 56 of 1
Federal Rules of Civil Procedure, the exhibits may not be used to oppose Westfield
11 Shoppingtown Trumbull’s motion for summary judgment.
11 The Court should strike the plaintiffs' exhibits for the following reasons:
l. Exhibit A consists of excerpts of the deposition of Michael Hokanson, 1
an employee of Spectaguard at the time of the alleged incident giving rise to 1
11 plaintiffs' claims. The deposition of Michael Hokanson is not admissible against 1
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11 0RAL ARGUMENT REQUESTED 1
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g Case 3:03—cv—00373-RNC Document 93 Filed 08/17/2004 Page 2 of 4 l
F l
Westfield Shoppingtown Trumbull under Rule 32 of the Federal Rules of Civil
Procedure. lt is a hearsay statement that is precluded under Rules 801 and 802 of the
Federal Rules of Evidence. {
ll 2. Exhibits B through E consist of excerpts from each of the transcripts of
l the plaintiffs' depositions. None of the plaintiffs' depositions are admissible against I
{ Westfield Shoppingtown Trumbull under Rule 32 of the Federal Rules of Civil l
l
l Procedure. The depositions are also hearsay statements that are precluded under {
Q Rules 801 and 802 of the Federal Rules of Evidence. {
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l 3. Plaintiff has not provided any foundational evidence that would permit
Exhibit F to be admissible at trial. The document attached as Exhibit F is hearsay and
the plaintiff has not produced any evidence from which this Court can conclude that {
{ the statement would be admissible at trial. Fed. R. Evid. 802; Fed. R. Evid. 901.
Thus, it may not be used to oppose Westfield Shoppingtown Trumbull's motion for
l summary judgment. Fed. R. Civ. P. 56(e).
l 4. Exhibit L contains letters that are hearsay and that are not admissible l
l at trial. Fed. R. Evid. 802. As such, plaintiffs may not use these letters to oppose E
{ Westfield Shoppingtown Trumbull's motion for summary judgment. Fed. R. Civ. P. 4
{ ssa).
{ WHEREFORE, the defendant Westfield Shoppingtown Trumbull
respectfully requests that the Court grant this Motion to Strike and that the Court {
ll strike Exhibits A through F and Exhibit L attached to the Plaintiffs Local Rule
56(a)(2) Statement. Westfield Shoppingtown Trumbull further requests that such l

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J { Case 3:03—cv—00373-RNC Document 93 Filed 08/17/2004 Page 3 of 4 {
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i » exhibits not be relied upon by the Court in considering plaintiffs opposition to I
8; { Westfield Shoppingtown Tmmbull's motion for summary judgment.
{ THE DEFENDANT, l
{ wiasrrintn snorpincrown
TRUMBULL {
T4, A {
ichael T. McCormack, ctl3799 .
Elizabeth K. Andrews, ct20986
Tyler Cooper & Alcorn, LLP
CityPlace l, 35"` Floor i
_ . 185 Asylum Street {
l { Hartford, CT 06103 {
ra.; (860) 725-6200 {
Fax: (860) 278-3802
Email: [email protected] {
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Case 3:03—cv—00373-RNC Document 93 Filed 08/17/2004 Page 4 of 4 I
® [ CERTIFICATION OF SERVICE I
On August 17, 2004, I certify that a true and correct copy ofthe foregoing MOTION l
E TO STRIKE was sent via U.S. mail, postage prepaid, to the following of record: j
Cynthia H. Hardaway, Esq.
ll Hunt, Hamlin & Ridley
{ Military Park Building
60 Park Place, Suite 1602
{ Newark, NJ 07102 f
Louis N. George, Esq.
Stuart E. Brown
E; Hassett & George J
555 Franklin Avenue I
U Hartford, CT 06114
l Robert J. Flanagan, Jr., Esq. E
Cella, Flanagan & Weber, P.C.
21 Washington Avenue {
P.O. Box 221
U North Haven, CT 06473-0221 X
* 0 V r l
/ ichael T. McCormack
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