Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-01214-PSF-OES

Document 59

Filed 09/06/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-01214-PSF-OES KATHLEEN M. TOWERS, Plaintiff, v. SAFEWAY INC., a Delaware Corporation, Defendant. ______ PLAINTIFF'S OBJECTIONS PURSUANT TO FED. R. CIV. P. 26(a)(3)

Plaintiff, Kathleen M. Towers, through her attorneys, Robert J. Truhlar of Truhlar and Truhlar, L.L.P., hereby submits her objections pursuant to Rule 26(a)(3), Fed. R. Civ. P., to defendant's witnesses and exhibits as listed by Defendant in the FINAL PRETRIAL ORDER, as follows: A. Objections to Defendant's Witnesses: 1. Plaintiff objects to the defendant calling either Rick Mallory or Joel Sutton, on the

ground that defendant did not list either of these individuals as witnesses in Safeway's initial disclosures. Furthermore, Safeway did not at any time supplement its disclosures to include either Mr. Mallory or Mr. Sutton. Plaintiff subsequent to the time the initial disclosures were made requested personnel files and performance evaluations of Mr. Mallory and Mr. Sutton. Defendant objected to such production as being "overly broad, irrelevant, not reasonably calculated to lead to the discovery of admissible evidence and because the privacy interests of

Case 1:04-cv-01214-PSF-OES

Document 59

Filed 09/06/2005

Page 2 of 3

Safeway's employees are not outweighed by the Plaintiff's interest in disclosure." Plaintiff's Request for Production No. 1 and Defendant's Response. requested documents. 2. Plaintiff objects to any witness of defendant, Safeway Inc. ("defendant or Plaintiff never received these

"Safeway") testifying either in person or by deposition about subjects not previously disclosed as to the scope of the witness' knowledge or information in regard to the subject matter of the testimony. 3. Plaintiff objects to Safeway calling any witness to testify by deposition who is

available to the defendant to testify in person. B. Objections to Defendant's Trial Exhibits: 1. Plaintiff hereby makes this general objection to any exhibit that Safeway intends

to be authenticated by a witness not disclosed to testify about the subject matter of such exhibit. Rule 901, Fed. R. Civ. P. 2. Plaintiff hereby makes this general objection to any exhibit unless the author of

the exhibit lays a foundation for the admission of such exhibit. Id. 3. Plaintiff hereby objects to defendant's Exhibit 28 on the ground that it is

irrelevant, as it is a policy dated 3/1/04, and was not in existence in July 2002 at the time of the failure to promote at issue in this case. Rule 402, Fed. R. Civ. P. 4. Plaintiff hereby objects to defendant's exhibit number 30, on the ground that such

listed exhibit has not been authenticated and there is no witness listed who could authenticate such exhibit. Furthermore, such document, without foundation, is misleading. Rules 901 and 403, Fed. R. Civ. P.

2

Case 1:04-cv-01214-PSF-OES

Document 59

Filed 09/06/2005

Page 3 of 3

5.

Plaintiff hereby objects to defendant's exhibit number 31, on the grounds that

such exhibit is irrelevant and hearsay. Rules 402 and 802, Fed. R. Civ. P. 6. Plaintiff hereby objects to defendant's exhibit number 32, as there is no rule of

evidence that would permit Safeway to introduce depositions as exhibits. Signed, dated and respectfully submitted this 6th day of September, 2005. s/ Robert J. Truhlar_________________ Robert J. Truhlar Doris B. Truhlar # 11070 7340 East Caley Avenue, Suite 310 Centennial, CO 80111 Phone: (303) 794-2404 Attorneys for Plaintiff CERTIFICATE OF FILING AND SERVICE I hereby certify that on September 6, 2005, I electronically filed the foregoing PLAINTIFF'S OBJECTIONS PURSUANT TO FED. R. CIV. P. 26(a)(3) with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following e-mail addresses: [email protected] [email protected]. I also certify that on September 6, 2005, pursuant to the FINAL PRETRIAL ORDER, paragraph 7.b. at p. 24, I sent the above pleading by facsimile to the following: Jim Goh Emily Hobbs-Wright Facsimile number (303) 295-8261.

s/ Lana McKune____________ Lana McKune

3