Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-01067-MSK-CBS

Document 100

Filed 04/28/2006

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1067-REB-CBS WILLIAM R. CADORNA, Plaintiff, v. THE CITY AND COUNTY OF DENVER, COLORADO, a Municipal Corporation, Defendant. DEFENDANT'S OBJECTIONS TO PLAINTIFF'S EXHIBITS Defendant, City and County of Denver, by undersigned counsel, pursuant to Fed. R. Civ. P. 26(a)(3) submits the following objections (other than objections under Rules 402 and 403 of the Federal Rules of Evidence), to the exhibits Plaintiff lists in the Pretrial Order. (The numbers correspond to the Exhibit numbers in the Pretrial Order) (2) Safeway Employee investigation report. Rules 801 and 802, Hearsay

(4) Jim Stein's handwritten notes of his call with Dave Schuetz on June 12, 2003. Rules 801 and 802, Hearsay. (5) Jim Stein's handwritten notes of his interrogation of Ron Martinez on June 12, 2003. Rules 801 and 802, Hearsay. (6) Safeway human resources database printouts containing information. Rules 801 and 802, Hearsay.

Case 1:04-cv-01067-MSK-CBS

Document 100

Filed 04/28/2006

Page 2 of 5

(8 through 11) These exhibits are complete transcripts of 30(b)(6) depositions of employees of Safeway Inc. from other proceedings. Defendant reserves the right to object to portions of the testimony if plaintiff intends to introduce the complete transcript of said depositions at trial pursuant to the provisions in Fed. R. Civ. P. 32, providing Plaintiff can comply with the requirements of said rule. (57) Full transcripts of proceedings before the Denver Civil Service commission These

Hearing Officer and the full Commission in Plaintiff's administrative appeal.

transcripts, and particularly that before the full Commission contain statements and arguments of counsel for both parties. As such the transcripts as evidence or improper argument and invades the province of the Court instructing the jury on the law. Also, if admitted counsel become witnesses subject to cross examination and thus subject to disqualification. Said documents containing statements or arguments of counsel may be taken as expert testimony by the jury without the foundation of Rule 702 and as an opinion on the ultimate issue Rule 704. (58 through 63). These are pleadings in the Plaintiff's administrative appeal to the Hearing Officer of the Denver Civil Service Commission. These contain legal

argument and some contain citation to legal authority. These are improper argument. Also, it is anticipated that the Court will instruct the jury on the law and citation to legal authority will confuse the jury or contain conflicting "law. Additionally, the pleadings may be violate Fed. R. Evid. 702 and 704 as improper expert testimony or an opinion on an ultimate issue. Also said pleadings are Hearsay from the attorneys who made the statements in the pleadings. If plaintiff intends to admit pleadings which he prepared

2

Case 1:04-cv-01067-MSK-CBS

Document 100

Filed 04/28/2006

Page 3 of 5

and filed and the pleadings are admitted into evidence, plaintiff's attorney may be disqualified as presenting testimony and evidence in this case. (65 through 68). These are pleadings in Plaintiff's appeal from the Hearing

Officer's Decision to the full Civil Service Commission. Defendant objects on the same grounds as raised as objections to Exhibits 58 through 63. (70 through 72) Letter from Hearing Officer to Defendant's counsel, Letter from

Defendant's counsel to Hearing Officer, email from Plaintiff's counsel to Hearing Officer. Rules 801 and 802 Hearsay. To the extent that these letters contain legal argument or set forth legal positions they are objected to on the same grounds as exhibits 58 through 63. Also if these are admitted counsel become witnesses subject to cross examination (73) Plaintiff's Motion for Reconsideration of Commission Decision. Rules

801 and 802, Hearsay from Plaintiff's counsel. This exhibit is objected to on the same grounds as Exhibits 58 through 63 (78 and 79) Third Amended Complaint in Plaintiff's 106 (a)(4) action and Defendant's Answer thereto. Rules 801 and 802, Hearsay. Defendant further objects on the grounds set forth for objection to Exhibits 58 through 63. (92) Intra-departmental communications. Rules 801 and 802, Hearsay. (93) Cadorna Timeline printed December 17, 2002. Rules 801 and 802, Hearsay (94) Handwritten investigator notes, Exh. Q to Garrod Deposition. Rules 801 and 802, Hearsay

3

Case 1:04-cv-01067-MSK-CBS

Document 100

Filed 04/28/2006

Page 4 of 5

(95) June 24, 1998 Transcript of Interview of Bob Daily. Rules 801 and 802, Hearsay. Respectfully submitted this 28th day of April, 2006. JACK M. WESOKY Assistant City Attorney By: s/ Jack M Wesoky Jack M. Wesoky Assistant City Attorney Denver City Attorney's Office Litigation Section 201 W. Colfax Ave., Dept. 1108 Denver, CO 80202 Telephone: 720/913-3100 Facsimile: 720-913-3190 E-mail: [email protected] Attorney for Defendant

4

Case 1:04-cv-01067-MSK-CBS

Document 100

Filed 04/28/2006

Page 5 of 5

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on April 28, 2006, I electronically filed the foregoing DEFENDANT'S OBJECTIONS TO PLAINTIFF'S EXHIBITS with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Mark E. Brennan [email protected] and I hereby certify that I have mailed the document to the following non CM/ECF participants in the manner indicated by the non-participant's name: Interoffice mail to: Manager Alvin LaCabe, Jr. Manager of Safety Department of Safety 1331 Cherokee St. Denver, CO 80204 Chief Larry Trujillo Department of Safety Denver Fire Department 745 W. Colfax Denver, CO 80204

s/ Marilyn Barela Marilyn Barela, Legal Secretary Office of the Denver City Attorney

G:\PM_DOCS\15551\JWESOKY\OBJECTN\91297599.DOC

5