Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-01135-REB-PAC

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Filed 06/20/2005

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THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-RB-1135 (PAC) ADRIAN OSORNIO, BETSY MARTINEZ, JESSICA WILLIAMS, ISTQUIA REYNA, MIGUEL FONTANET, and MAYRA CARMONA, Plaintiffs, v. T-MOBILE USA, INC., Defendant. ______________________________________________________________________________ PLAINTIFFS' FED.R.CIV.P. 26(a)(3) OBJECTIONS TO DEFENDANT'S EXHIBITS ______________________________________________________________________________ COME NOW the Plaintiffs, Adrian Osorino, Besty Martinez, Jessica Williams, Istquia Reyna, Miguel Fontanet, and Mayra Carmona, by and through their attorneys of record, Andrew T. Brake, P.C., and for submit the following Fed.R.Civ.P. 26(a)(3) objections to Defendant's exhibits: 1. Plaintiffs generally object to Defendant's exhibits that have not been

previously disclosed pursuant to Fed.R.Civ.P. 26. 2. Plaintiffs generally object to Defendant's exhibits that contain hearsay

and/or inappropriate opinion testimony. 3. Plaintiffs generally object to exhibit which are irrelevant pursuant to rules

401 through 403 of the Federal Rules of Evidence. 4. 5. Plaintiffs generally object to any and all duplicative exhibits. Plaintiffs object to Defendant's Exhibit 3 (listed consecutively in PTO)

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grounds of 1002 of the Federal Rules of Evidence. 6. Plaintiffs object to the following Exhibits (numbered consecutively in the

PTO) of Defendant on grounds of relevance pursuant to rules 401 through 403 of the Federal Rules of Evidence: 14 through 25; 28; 33; 39; 43; 48; 57; 60; 62; 64-65; 70-71; 75; 78; 80-83; 85; 87; 88-98; 102-115; 120-122; 124-125; 127-131; 133; 145-146; 151-152; 154-156 167; and 217-237 7. Plaintiffs object to Defendant's Exhibit 32; 38; 47; 53; 59; 72; 73; 132; 134;

135; 136; 137; 157; 160; 162; 164; 165; 180; and 181 (numbered consecutively in the PTO) on grounds of hearsay pursuant to 801 through 802 of the Federal Rules of Evidence. 8. Plaintiffs object to Defendant's Exhibit 237 (numbered consecutively in the 2

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PTO) on grounds that Plaintiffs have not received said photographs and reserve the right to supplement said objections upon review of said photographs. 9. Plaintiff reserves its objections for proposed exhibits that are identified in

bulk, e.g., "Any document necessary for rebuttal;" and "Any document necessary for impeachment." In addition, Plaintiff reserves its objects for any exhibits that have not yet been produced. DATED this 20th day of June 2005. Respectfully Submitted,

ANDREW T. BRAKE, P.C. /s/ Maria T. Lighthall, Esq. Lee T. Judd, Esq. 777 East Girard Avenue, Suite 200 Englewood, Colorado 80113 (303) 806-9000 Attorneys for Plaintiffs

CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 20th day of June 2005, true and correct copies of the above and foregoing PLAINTIFFS' FED.R.CIV.P. 26(a)(3) OBJECTIONS TO DEFENDANT'S EXHIBITS were placed in the United States mail, postage prepaid and addressed to the following: David R. Hammond, Esq. DAVIS GRAHAM & STUBBS LLP 1550 Seventeenth Street, Suite 500 Denver, Colorado 80202 Adrian Osorino 5795 Doe Skin Court 3

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Colorado Springs, Colorado 80918 Betsy Martinez 2015 Spring Crest Road Colorado Springs, Colorado 80902 Jessica Williams 4320 Burton Way, Apt. 1636 Colorado Springs, Colorado 80918 Istquia Reyna 6826 Galley Road Colorado Springs, Colorado 80915 Mayra Carmona 3024 Moonbeam Circle Colorado Springs, Colorado 80916 Miguel Fontanet 2625 E. Willamette Avenue, Apt. 20 Colorado Springs, Colorado 80909

/s/ Marcia Stanley

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