Free Objection to Exhibit List - District Court of Federal Claims - federal

Case 1:05-cv-00956-CCM

Document 68

Filed 04/02/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiffs. ) __________________________________________ ROBERT B. DEINER and MICHELLE S. DEINER, ) ) ) Plaintiffs-Counterdefendants ) ) vs. ) ) THE UNITED STATES, ) ) Defendant-Counterplaintiff. ) __________________________________________ HOTELS.COM, INC. AND SUBSIDIARIES ) (f/k/a HOTEL RESERVATIONS NETWORK, ) INC. ) ) Plaintiff ) ) v. ) ) THE UNITED STATES, ) ) Defendant )

DAVID S. LITMAN and MALIA A. LITMAN,

No. 05-956 T

No. 05-971 T

No. 06-285 T (Christine O. C. Miller)

THE UNITED STATES' OBJECTIONS TO HOTELS.COM'S PROPOSED EXHIBITS

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Case 1:05-cv-00956-CCM

Document 68

Filed 04/02/2007

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The United States objects to the proposed trial exhibits of plaintiff Hotels.com as indicated on the spreadsheet attached as Exhibit A. A reference to the applicable Federal Rule of Evidence is indicated for the exhibits to which the United States has an objection. Hotels.com listed 199 exhibits in its filing of Febraury 26, 2007, that it expects to introduce at trial, and an additional 338 exhibits that it may introduce at trial. Many of the documents have not been authenticated, or contain hearsay or concern events after the relevant transactions, and valuation date, at issue in this case. In addition, the list contains a number of duplications. The United States, has accordingly, objected to many of the proposed exhibits. The parties are continuing to assemble a list of joint exhibits and stipulated facts that, the United States believes, will render many of Hotels.com's exhibits unnecessary. Respectfully Submitted,

s/ Cory A. Johnson Cory A. Johnson Attorney of Record U.S. Department of Justice Tax Division Court of Federal Claims Section P.O. Box 26 Ben Franklin Station Washington D.C. 20044 202-307-3046 Eileen J. O'Connor Assistant Attorney General Steven I. Frahm Assistant Chief, Court of Federal Claims Section s/ Steven I. Frahm Of Counsel Attorney for The United States Dated: April 2, 2007 2

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