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

Case 1:05-cv-00748-CCM

Document 96

Filed 03/12/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

STOBIE CREEK INVESTMENTS, LLC, JFW ENTERPRISES, INC., Tax Matters and Notice Partner, Plaintiff, v. UNITED STATES OF AMERICA, Defendant.

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No. 05-748 T 07-520 T (Judge Christine O. C. Miller)

THE UNITED STATES' OBJECTIONS TO PLAINTIFFS' EXHIBITS

The United States, pursuant to RCFC, Appendix A, Rule 14(a)(3), files the following objections to the plaintiffs' trial exhibits. Attached are the objections to the exhibits that plaintiffs expect to offer at trial (Exhibit A) and the objections to the exhibits plaintiffs may offer at trial (Exhibit B). These correspond to the amended exhibit lists A and B that plaintiffs filed on February 26, 2008. In each list, the United States has included a reference to the applicable rule of the Federal Rules of Evidence for the exhibits to which it has an objection. The United States objects to a number of exhibits on the ground that, as offered by the plaintiffs, they constitute or contain inadmissible hearsay, prohibited by Fed. R. Evid. 802. Some of these same exhibits may, nevertheless, be offered by the United States, as constituting statements made by a party opponent, expressly defined as not hearsay by Fed. R. Evid. 801(d). The United States also reserves the right to make objections based on foundation and authentication at trial, to the extent

Case 1:05-cv-00748-CCM

Document 96

Filed 03/12/2008

Page 2 of 2

then appropriate, and also reserves the right to object to any exhibit that plaintiffs did not produce before the close of discovery.

Respectfully submitted,

s/ Stuart D. Gibson Stuart D. Gibson Attorney of Record U.S. Department of Justice Tax Division Office of Civil Litigation Post Office Box 403 Ben Franklin Station Washington D.C. 20044 (202) 307-6586 John A. DiCicco Deputy Assistant Attorney General David Gustafson Chief, Court of Federal Claims Section Cory A. Johnson Trial Attorney, Court of Federal Jacob E. Christensen Trial Attorney Court of Federal Claims Section s/ David Gustafson Of Counsel

Dated: March 12, 2008

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