Free Trial Memo - District Court of Connecticut - Connecticut

Case 3:01-cv-02402-AWT

Document 129

Filed 03/04/2008

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PETER D. MAINS and LORI M. MAINS Plaintiffs, v. SEA RAY BOATS, INC. Defendant. : CASE NO. 3:01cv2402 (AWT) : : : : : : : MARCH 4, 2008

DEFENDANT'S SECOND SUPPLEMENT TO JOINT TRIAL MEMORANDUM Defendant Sea Ray Division of Brunswick Corporation (improperly designated in the Complaint as "Sea-Ray Boats, Inc.") ("Sea Ray") respectfully submits the following supplement to the parties' Joint Trial Memorandum of May 29, 2007. 10. List of Witnesses. Defendant's Fact Witnesses: i. Patrick Smith, Sea Ray, 2601 Sea Ray Blvd., Knoxville, Tennessee, 37914: If,

over Sea Ray's objection, the Court permits the Plaintiffs to introduce the exhibit identified in the parties' Joint Trial Memorandum of May 29, 2007, as plaintiff's exhibit 39 ("American National Standard Quality Management Systems Requirements ANSI/ISO/ASQ Q9001-2000"), or if the Plaintiffs are otherwise permitted to introduce evidence regarding Sea Ray's records keeping practices or requirements or its alleged membership in the American Society for Quality ("ASQ"), Mr. Smith will testify as to whether Sea Ray is, or at pertinent times has been, a member of the ASQ, and will testify as to Sea Ray's records keeping practices and requirements.

Case 3:01-cv-02402-AWT

Document 129

Filed 03/04/2008

Page 2 of 2

11.

Exhibits. Defendant's Exhibits: 94. 95. 96. 97. Sea Ray Express Transferable Limited Warranty, 1997 MerCruiser Service Bulletin No. 97-25 Letter of June 14, 2001, from D. Wade to Plaintiffs Notes of conference call, June 14, 2001 DEFENDANT, SEA RAY BOATS, INC.

/s/ Daniel J. Foster James H. Rotondo (ct 05173) Daniel J. Foster (ct 24975) Day Pitney LLP 242 Trumbull Street Hartford, Connecticut 06103-1212 Phone: (860) 275 -0100 Fax: (860) 275-0343 Its Attorneys CERTIFICATION I hereby certify that on this date a copy of foregoing Supplement to Joint Trial Memorandum was filed electronically and served by mail on anyone unable to accept electronic filing. Notice of this filing will be sent by e-mail to all parties by operation of the Court's electronic filing system or by mail to anyone unable to accept electronic filing as indicated on the Notice of Electronic Filing. Parties may access this filing through the Court's CM/ECF System. /s/ Daniel J. Foster Daniel J. Foster (ct24975)

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