Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-00728-PSF-CBS

Document 46

Filed 09/16/2005

Page 1 of 3

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-00728-PSF-CBS SA'ADAH MAYNARD, Plaintiff, v. HOSPITAL SHARED SERVICES, INC., d/b/a FIRSTWATCH SECURITY SERVICES, Defendant. ______________________________________________________________________________ PLAINTIFF'S FED.R.CIV.P. 26(a)(3) OBJECTIONS TO DEFENDANT'S EXHIBITS ______________________________________________________________________________ COMES NOW the Plaintiff, Sa'Aadah Maynard (hereinafter referred to as "Ms. Maynard" or "Plaintiff"), by and through her attorneys of record, Andrew T. Brake, P.C. and submits the following Fed.R.Civ.P. 26(a)(3) objections to Defendant's exhibits. which were sent to Plaintiff's counsel via mail and received on September 6, 2005: 1. Pursuant to this Court's Final Pretrial Order, Plaintiff's counsel received a copy of

Defendant exhibits sent via U.S. mail on September 6, 2005. 2. Plaintiff generally objects to Defendant's exhibits that have not been previously

disclosed pursuant to Fed.R.Civ.P. 26. 3. Plaintiff generally objects to Defendant's exhibits that contain hearsay and/or

inappropriate opinion testimony. 4. Plaintiff generally objects to exhibits which are irrelevant pursuant to rules 401

through 403 of the Federal Rules of Evidence.

1

Case 1:04-cv-00728-PSF-CBS

Document 46

Filed 09/16/2005

Page 2 of 3

5.

Plaintiff objects to Defendant's exhibit 5, "Counseling Forms", (FW 003-FW 0036)

to the extent that they contain hearsay information not received and signed off by Plaintiff. 6. Plaintiff objects to Defendant's exhibit 27, "Medical Records for Sa'Aadah Maynard

from the Department of Veterans Affairs" (FW 0565-0566), on grounds of relevance pursuant to rules 401 through 403 of the Federal Rules of Evidence. 7. Plaintiff objects to Defendant's exhibit 28, "Medical Records for Sa'Aadah Maynard

from Jackie L. McCollum, M.D." (FW 0567-0573), on grounds of relevance pursuant to rules 401 through 403 of the Federal Rules Evidence. 8. Plaintiff objects to Defendant's exhibit 30, "Sa'Aadah Maynard Transcript from

Community College of Aurora" (FW 0577), on grounds of relevance pursuant to rules 401 through 403 of the Federal Rules Evidence. 9. Plaintiff objects to Defendant's exhibit 33, "Sa'Aadah Maynard medical records

from the University of Colorado Breast Center" (FW 0584-0585), on grounds of relevance pursuant to rules 401 through 403 of the Federal Rules Evidence. 10. Plaintiff objects to Defendant's exhibit 17, "Lorna Fulton Letter to Lee Judd, Esq.,

6/13/03" (FW 0070), on grounds of relevance pursuant to rules 401 through 403 of the Federal Rules Evidence. 11. Plaintiff reserves its objections for proposed exhibits that are identified in bulk,

e.g., "Any document necessary for rebuttal; "Any document necessary for impeachment;" and "All exhibits necessary to establish foundation or authenticity. In addition, Plaintiff reserves its objects for any exhibits that have not yet been produced.

2

Case 1:04-cv-00728-PSF-CBS

Document 46

Filed 09/16/2005

Page 3 of 3

DATED this16th day of September 2005. Respectfully submitted, ANDREW T. BRAKE, P.C.

By: /s/ Maria T. Lighthall Maria T. Lighthall, Reg. No. 35000 Lee T. Judd, Reg. No. 17863 Attorneys for Plaintiff 777 East Girard Ave., #200 Englewood, Colorado 80113 (303) 806-9000 Email: [email protected]

CERTIFICATE OF SERVICE (CM/ECF) The undersigned hereby certifies that on the 16th day of September, 2005, true and correct copies of the above and foregoing PLAINTIFF'S FED.R.CIV.P. 26(a)(3) OBJECTIONS TO DEFENDANT'S EXHIBITS were filed 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] In addition, the undersigned hereby certifies that a copy of the above listed document was mailed to the following non-CM/ECF participants by mail, postage prepaid to the following individuals: Sa'Aadah Maynard 14957 E. Caspian Drive Aurora Colorado, 80014

/s/ Maria T. Lighthall

3