Free Proposed Pretrial Order - District Court of Colorado - Colorado

Case 1:04-cv-01122-LTB-MJW

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EXHIBIT 3 EXHIBIT LIST
CASE NUMBER CASE CAPTION _________________ 04 B 1122 (MJW) DEBORA K. RUDD PLAINTIFF'S LIST X DEFENDANT'S LIST_________ THIRD PARTY DEFT. LIST________

vs. BURLINGTON COAT FACTORY WAREHOUSE

PAGE NO. _______DATE

LIST PLAINTIFF'S EXHIBITS BY NUMBERS (1, 2, 3, ETC.) and DEFENDANT'S EXHIBITS BY LETTER (A, B, C, A1, A2, A3, B1, B2, B3, etc.) EXHIBIT NO./LTR 1 2 WITNESS DESCRIPTION STIP OFFER RECEIVED REFUSED RULING RESERVE D COMMENTS/ INFORMATION

Burlington Coat Factory Employee Handbook Weekly Timecard for All Departments for Chris Limppo dated 3/29/03 - 6/27/03 (Romero Depo Ex. 2) Statement from Raquel Romero undated (Romero Depo. Ex 3) Statement from Raquel Romero dated 7/7/03 (Romero Depo. Ex. 4) Questionnaire/Survey by Raquel Romero dated Jan. 2002/Mar. 2003 (Romero Depo. Ex. 5) Statement from Raquel Romero dated 7/3/03 (Romero Depo. Ex. 6) Statement from Raquel Romero dated 7/3/03 (Romero Depo. Ex. 7)

3 4 5

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EXHIBIT NO./LTR 8

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Statement from Raquel Romero dated 6/11/03 (Romero Depo. Ex. 8) Statement from Raquel Romero dated 6/30/03 (Romero Depo. Ex. 9) Statement from Raquel Romero dated 6/11/03 (Romero Depo. Ex. 10) Statement from Raquel Romero dated 7/7/03 (Romero Depo. Ex. 11) Statement from Raquel Romero dated 7/10/03 (Romero Depo. Ex. 12) Statement from Raquel Romero dated 7/10/03 (Romero Depo. Ex. 13) Statement from Raquel Romero dated 7/3/03 (Romero Depo. Ex. 14) Statement from Raquel Romero dated 7/3/03 (Romero Depo. Ex. 15) Statement from Raquel Romero dated 7/3/03 (Romero Depo. Ex. 16)

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EXHIBIT NO./LTR 17

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Statement from Raquel Romero dated 6/30/03 (Romero Depo. Ex. 17) Statement from Raquel Romero dated 6/30/03 (Romero Depo. Ex. 18) Statement from Raquel Romero dated 7/2/03 (Romero Depo. Ex. 19) Statement from Jesica Rudd dated 6/18/03 (Neuman Depo. Ex. 20) Statements from Chris Martin (dated 6/11/03), Patricia Gurak (dated 6/11/03), Jessica Garner (dated 6/12/03), K.C. Islehart (dated 6/13/03) (Neuman Depo. Ex. 21) Statement from Chris Limppo dated 6-27-03 (Neuman Depo. Ex. 22) Statement from Chris Moore dated 7/2/03 (Neuman Depo. Ex. 23)

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EXHIBIT NO./LTR 24

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Statements from Mike Neuman (dated 6/7/04), Candi Ochoa (dated 5/28/04), Angela Bochy (dated 5/28/04), Kim Lujan (dated 6/7/04), Chris Moore (dated 5/7/04), Cristal Jimenez (dated 5/6/04), Donna Donahoo (dated 6/7/04) (Neuman Depo. Ex. 24) Email to Mike Neuman from Store 253 dated 5/21/03 (Neuman Depo. Ex. 25) Email to Mike Neuman from Mike Neuman dated 7/4/03 (Neuman Depo. Ex. 26) Email to Mike Neuman from Mike Neuman dated 7/8/03 (Neuman Depo. Ex. 27) Email to Mike Neuman from Mike Neuman (dated 7/10/03), Statements from Anne Johnson and Chris Limppo dated 7/8/03, Chris Limppo's Employee Edit Forms for March, April, May & June, Candie Ochoa's report (Neuman Depo. Ex. 28) Weekly Timecard for All Departments for Chris Moore dated 5/10/03 to 5/16/03 (Neuman Depo. Ex. 29)

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EXHIBIT NO./LTR 30

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Employee Warning on Debi Rudd dated 6/5/03 (Neuman Depo. Ex. 30) Email to Mike Neuman from Mike Neuman (dated 7-3-03), Weekly Timecard for All Departments for Ranee Grayson (dated 5/10/03), Employee Warning on Ranee Grayson not dated (Neuman Depo. Ex. 31) Statement from Chris Limppo date unclear (Neuman Depo. Ex. 32) Statement from Angela Bochy dated 6/27/03 (Neuman Depo. Ex. 33) Employee Termination for Debi Rudd dated 6/27/03 (Neuman Depo. Ex. 34) Email to Mike Neuman from Mike Neuman (dated 7/10/03), Statements from Amanda Kilgore (dated 7/7/03), Angela Bochy (dated 7/7/03) (Neuman Depo. Ex. 35) Statement from Chris Limppo dated 6/27/03 (Neuman Depo. Ex. 36)

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EXHIBIT NO./LTR 37

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Email to [email protected] from Store 253 dated 6/13/03 (Neuman Depo. Ex. 37) Email from Store 253 to Mike Neuman dated 6/16/03 (Neuman Depo. Ex. 38) Email from Colleen Brady to Mike Neuman dated 6/30/03 (Neuman Depo. Ex. 39) Email from Colleen Brady with Mike Neuman's answers (Neuman Depo. Ex. 40) Email from Colleen Brady to Mike Neuman dated 7/7/03 (Neuman Depo. Ex. 41) Email from Store 253 to [email protected] dated 6/16/03 (Limppo Depo. Ex. 47 p.3)

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43 44 Weekly Timecard for Debi Rudd dated 5/10/03 (Limppo Depo. Ex. 45) Email from Store to Mike Neuman dated 5/27/03 (Limppo Depo. Ex. 46)

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EXHIBIT NO./LTR 46

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Weekly Timecard for Lovell Gerdine dated 6/14/03 - 6/20/03, (Limppo Depo. Ex. 47) Statement from Chris Limppo dated 7/8/03 (Limppo Depo. Ex. 48) Report to Security Department dated 5/16/05, (Limppo Depo. Ex. 49) Statement by Candi Ochoa date illegible " On Monday, June 23rd , I was asked..." Statement by Candie Ochoa dated 6/27/03 "at approximately 12:45" Statement by Candie Ochoa dated 6/27/03 "On Monday, June 23rd ..." Statement by Candie Ochoa dated 6/27/063 "On 6/27/03..." Statement by Candie Ochoa dated 6/30/03 "On 6/30/03 I was asked..." Statement by Candie Ochoa dated 7/4/03 Statement by Angela Bochy dated 6/27/03 "I Angela Bochy was asked by Debi Rudd..."

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EXHIBIT NO./LTR 56 57

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Statement by Angela Bochy dated 6/11/03 Statement by Angela Bochy undated "I Angela Bochy have never attemped..." Statement by Angela Bochy dated 6/27/03 "I Angela Bochy never authorized..." Statement by Angel Bochy dated 6/27/03 "I Angela Bochy did authorize..." Statement by Angela Bochy dated 7/2/03 " I Angela Bochy was present..." Statement by Chris Moore dated 6/27/03 "I (Chris Moore) witnessed..." Statement by Chris Moore dated 6/27/03 "Myself and Candie..." Statement of Chris Moore dated 6/27/03 "The day of 6/13/063..." Email from Colleen Brady to Mike Neuman date 7/9/03 Email from Colleen Brady to Mike Neuman dated 6/30/03 Email from Colleen Brady to Mike Neuman dated 7/7/03

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EXHIBIT NO./LTR 67

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Statement by Mike Neuman undated "There has been one allegation..." Statement by Kim Listen dated 7/1/03 Statement by Carol Rediess dated 7/1/03 Personnel file of Angela Bochy Personnel file of Erik Bohl Personnel file of Nathan "Nick" Coulson Personnel file of June Dominguez Personnel file of Donna L. Donahoo Personnel file of Angel Annette Garcia Personnel file of Jessica Garner Personnel file of Lovell E. Gerdine Personnel file of Ranee M. Grayson Personnel file of Patricia Gurak Personnel file of Christal Ham Personnel file of Chris Jackson

68 69 70 71 72 73 74 75 76 77 78 79 80 81

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EXHIBIT NO./LTR 82 83 84 85 86 87 88 89 90

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Personnel file of Amanda Kilgore Personnel file of Kimberly Ann Lister Personnel file of Kimberly Lujan Personnel file of Christine Martin Personnel file of Christopher B. Moore Personnel file of Carol Rediess Personnel file of Ashley Turpin Limppo/Bochy/Martin Documents Email from WALLYUMBUS to [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], dated 6/27/03 (Rudd Depo. Ex. 11) Email from WALLYUMBUS to [email protected], [email protected], [email protected], [email protected], [email protected], dated 6/27/03 (Rudd Depo. Ex. 12)

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EXHIBIT NO./LTR 92

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Email from WALLYUMBUS to [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], dated 6/29/03 (Rudd Depo. Ex. 13) Email from WALLYUMBUS to [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], dated 7/8/03 (Rudd Depo. Ex. 14) Email from WALLYUMBUS to [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], dated 6/29/03 (Rudd Depo. Ex. 13 p. 2) U.S. Equal Employment Opportunity Commission file, including letter of right to sue Plaintiff's W-2 and 1099 forms for the year preceding and for the year(s) following her termination

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EXHIBIT NO./LTR 97

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Life Insurance Election of Portability Coverage from dated (by Plaintiff) 8/4/03 State Farm Life insurance Company Summary of Coverages and Premium Letter from Michelle Corl to "To whom it may concern" regarding Plaintiff's life insurance Paycheck stubs from Burlington Paycheck stubs from Plaintiff's employers subsequent to her termination from Burlington COBRA notification regarding insurance the plaintiff had through Burlington Retirement account statement, Burlington Coat Factory, October 1, 2003 to December 31, 2003 Employee purchase and return slips signed by the plaintiff or Jesica Rudd dated 4/11/03, 5/5/03, 5/6/03 (2), 5/8/03, and 5/9/03, and receipts regarding returned merchandise Continued Response to Allegations #253 from Mike Neuman dated 7/4/03

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EXHIBIT NO./LTR 106 107 108 109 110

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Note written to Jesica Rudd by KC Islehart Answers to Allegations #253 from Mike Nueman dated 7/3/03 Employee Evaluation Report of Debora Rudd dated 12/29/91 Employee Evaluation Report of Debora Rudd undated and unsigned Employee Evaluation Report of Debora Rudd dated 1/1/93 signed by Bob Noble Employee Evaluation Report of Debora Rudd dated 2/8/94 and signed by Barbara Cashmore Employee Rate Changes dated 2/97 Letter to Debora Rudd from Dennis Wilson dated Jun 2000 Call Detail from 5/5 to 6/14 Acknowledgment of Receipt of Handbook signed by Debora Rudd dated 7/22/02 Acknowledgment of Receipt of Policy signed by Debora Rudd dated 7/22/03 Personnel file of Debora Rudd

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EXHIBIT NO./LTR 118 119 120

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Note byCandie Ochoa Re: Debi Rudd dated 6/13/03 Interview sheets for Store Visit 7/15/03 to 7/17/03 Letter to Colleen from Debi Rudd including cell phone bill dated 7/17/03 Packet of Responses to Allegations #253 from Mike Nueman dated 7/4/03, along with statements from Angela Bochy, Alda Martinez, Raquel Romero Statement from Angela Bochy dated 7/2/03 "Regarding Lillian Watson..." Employee Warning for Anthony Sena date 5/28/03 Statement from Angela Bochy dated 7/2/03 "Donna Donahoo..." Packet of Investigation #253 from Mike Neuman dated 7/3/03 Packet of Even More Responses to Allegations from Mike Neuman dated 7/8/03 Packet of More Responses Investigation #253 from Mike Neuman dated 7/8/03

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EXHIBIT NO./LTR 128

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Packet of statements from Raquel Romero and Angela Bochy dated 7/2/03 Packet of Responses to Allegations #253 from Mike Neuman dated 7/10/03 Packet of More Responses #253 from Mike Neuman dated 7/11/03 Fwd: My Final Pay from Debi Rudd dated 7/1/03 Fwd: The Video Tape from Debi Rudd dated 7/1/03 Fwd: Mike Neuman from Judy Mascio dated 6/30/03 Fwd: (no subject) from Judy Mascio 6/30/03 Fwd: Investigation from Judy Mascio dated 6/30/03 Fwd: Fdw: Mike Nueman from Judy Mascio dated 7/3/03 Fwd: Jesica Rudd from Judi Mascio dated 7/8/03 Packet of statements from Kim Listen and Carol Rediess dated 7/1/03

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EXHIBIT NO./LTR 139

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Packet including Jesica Rudd's letter of resignation, statement of Angela Bochy and Employee Edit Form Application: ICX for Oracle Human Resources Packet for Colleen Brady's file beginning with Subject: [Fwd: The Videotape] Packet of Mike Neuman's Notes Statements from L. Coulson, Kim Lister, Sandi Irsik, Carol Rediess, Ranee Grayson, Angela Bochy, Chris Moore, and Lance Mann Jesica Rudd Documents Jesica Rudd Personnel File Chris Limppo Personnel File Kenneth C. (K.C.) Iglehart Personnel File Weekly Time Card for All Departments and All BCF Employees week ending 4/25/03 Weekly Time Card for All Departments and All BCF Employees week ending 5/2/03

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EXHIBIT NO./LTR 150

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Weekly Time Card for All Departments and All BCF Employees week ending 5/9/03 Weekly Time Card for All Departments and All BCF Employees week ending 5/16/03 Weekly Time Card for All Departments and All BCF Employees week ending 5/23/03 Weekly Time Card for All Departments and All BCF Employees week ending 5/30/03 Weekly Time Card for All Departments and All BCF Employees week ending 6/6/03 Weekly Time Card for All Departments and All BCF Employees week ending 6/13/03 Weekly Time Card for All Departments and All BCF Employees week ending 6/20/03 Weekly Time Card for All Departments and All BCF Employees week ending 6/27/03 Weekly Time Card for All Departments and All BCF Employees week ending 7/4/03

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EXHIBIT NO./LTR 159

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Weekly Time Card for All Departments and All BCF Employees week ending 7/11/03 Weekly Time Card for All Departments and All BCF Employees week ending 7/18/03 Weekly Time Card for All Departments and All BCF Employees week ending 7/25/03 Weekly Time Card for All Departments and All BCF Employees week ending 8/1/03 Weekly Time Card for All Departments for Jesica Rudd week ending 4/4/03 Weekly Time Card for All Departments for Jesica Rudd week ending 4/11/03 Weekly Time Card for All Departments for Jesica Rudd week ending 4/18/03 Weekly Time Card for All Departments for Jesica Rudd week ending 6/1/02 - 6/7/02 Weekly Time Card for All Departments for Jesica Rudd week ending 6/14/02

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EXHIBIT NO./LTR 168

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Weekly Time Card for All Departments for Jesica Rudd week ending 6/21/02 Weekly Time Card for All Departments for Jesica Rudd week ending 6/22/02 - 6/28/02 Weekly Time Card for All Departments for Jesica Rudd week ending 7/5/02 Weekly Time Card for All Departments for Jesica Rudd week ending 7/6/02 - 7/12/02 Weekly Time Card for All Departments for Jesica Rudd week ending 7/13/02 - 7/19/02 Weekly Time Card for All Departments for Jesica Rudd week ending 7/20/02 - 7/26/02 Weekly Time Card for All Departments for Jesica Rudd week ending 7/27/02 - 8/2/02 Weekly Time Card for All Departments for Jesica Rudd week ending 8/9/02 Weekly Time Card for All Departments for Jesica Rudd week ending 8/16/02

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EXHIBIT NO./LTR 177

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Weekly Time Card for All Departments for Jesica Rudd week ending 8/17/02 - 8/23/02 Weekly Time Card for All Departments for Jesica Rudd week ending 8/31/02 - 9/6/02 Affidavit of Jesica Rudd Affidavit of Angel Garcia Affidavit of June Dominguez Defendant's responses to Plaintiff's Interrogatories and Requests for Production of Documents, including amended answers and any supplements thereto Any sworn statements of any witness provided in any other forum Any charts, graphs, diagrams, drawings, videotapes, or other visual aids which may be useful to illustrate or explain the testimony of any witness Summaries of voluminous evidence pursuant to F.R.E. 1006 Any exhibit helpful in illustrating the testimony of any witness Any pleading in this case

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EXHIBIT NO./LTR 188 189 190 191

WITNESS

DESCRIPTION

STIP

OFFER

RECEIVED

REFUSED

RULING RESERVE D

COMMENTS/ INFORMATION

Any depositions taken in this case Any exhibit endorsed or introduced by any Defendant Any exhibit necessary for impeachment or rebuttal Any exhibit endorsed by supplementation