Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-01056-EWN-MEH

Document 65

Filed 02/09/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01056-EWN-MEH CONNIE J. REYNOLDS, Plaintiff, v. COBE CARDIOVASCULAR, INC., Defendant.

DEFENDANT'S OBJECTIONS TO PLAINTIFF'S EXHIBITS

Defendant COBE Cardiovascular, Inc., by its counsel and in accordance with the Final Pretrial Order and pursuant to Fed. R. Civ. P. 26(a)(3)(C), hereby submits the following objections to the trial exhibits identified by Plaintiff: 1. Defendant objects to Plaintiff's Exhibit 2 on foundation and authentication

grounds, and on grounds that it is misleading, since the Exhibit is labeled Performance Reviews, but in fact contains materials other than the performance reviews. 2. Defendant objects to Plaintiff's Exhibit 6 on relevancy grounds for the reasons set

forth in Defendant's Motion in Limine. Specifically, Exhibit 6 contains references to matters which are no longer relevant, given the Court's Order and Memorandum of December 16, 2005, in which it limited the trial to claims of retaliation for complaining about age and sex discrimination. 3. Defendant objects to Plaintiff's Exhibit 13 on the ground that it is not complete.

The second page of the document is missing.

Case 1:04-cv-01056-EWN-MEH

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4.

Defendant objects to Plaintiff's Exhibit 16 on relevancy grounds for the reasons

set forth in Defendant's Motion in Limine. Specifically, Exhibit 16 references the termination of Patricia Bardo-Hankie, which has no relevance to Plaintiff's claims of retaliation for complaining about age and sex discrimination. 5. Defendant objects to Plaintiff's Exhibit 17 on grounds that the document has been

inadvertently produced and is an attorney-client privileged communication. Defendant has not waived its privilege with respect to this document and requests that it and all copies be returned immediately. Defendant further objects to Plaintiff's Exhibit 17 on the ground that it is not relevant. 6. Defendant objects to Plaintiff's Exhibit 20 on relevancy grounds for the reasons

set forth in Defendant's Motion in Limine. Specifically, Exhibit 20 contains references to matters which are no longer relevant, given the Court's Order and Memorandum of December 16, 2005, in which it limited the trial to claims of retaliation for complaining about age and sex discrimination. 7. Defendant objects to Plaintiff's Exhibits 21 and 22 on the ground that they are

incomplete, in that both are missing pages. 8. 9. Defendant objects to Plaintiff's Exhibit 25 on the ground that it is not relevant. Defendant objects to Plaintiff's Exhibits 27 through 31, which are Defendant's

pleadings and other documents filed by Defendant in this case, to the extent that Plaintiff seeks to introduce any portion of these documents that address any claims other than those that remain for trial, on relevancy grounds for the reasons set forth in Defendant's Motion in Limine.

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Dated this 8th day of February, 2006. Respectfully submitted,

/s Susan S. Sperber Susan S. Sperber Rothgerber Johnson & Lyons LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202 Telephone: (303) 623-9000 Fax: (303) 623-9222 [email protected] Attorney for Defendant COBE Cardiovascular, Inc.

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Case 1:04-cv-01056-EWN-MEH

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CERTIFICATE OF SERVICE I hereby certify that on the 8th day of February, 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: John R. Olsen, Esq. Olsen & Brown LLC 8362 Greenwood Drive Niwot, CO 80503 Telephone: (303) 652-1133 Fax: (303) 652-3701 [email protected]

s/ Susan S. Sperber Susan S. Sperber Attorney for Defendant COBE Cardiovascular, Inc. Rothgerber Johnson & Lyons LLP 1200 17th Street, Suite 3000 Denver, Colorado 80202-5855 Tel: (303) 623-9000 Fax:(303) 625-9222 E-mail: [email protected]

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