Free Brief in Opposition to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00560-OES-BNB

Document 69-2

Filed 10/20/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO GEORGE M. BULL, Plaintiff, vs. UNION PACIFIC RAILROAD COMPANY, a corporation, Defendant. AFFIDAVIT OF KEITH E. EKSTROM IN OPPOSITION TO DEFENDANT'S MOTION IN LIMINE TO EXCLUDE PLAINTIFF'S EXPERT TYLER KRESS, Ph.D. STATE OF MINNESOTA COUNTY OF HENNEPIN ) ) ss. ) Civil Action No.: 04-ES-0560 (BNB)

I, Keith E. Ekstrom, being duly sworn on oath, depose and state: 1. I am one of the attorneys representing plaintiff George Bull in the above-captioned matter, and am licensed to practice in the courts of Minnesota. On January 14, 2005, I was admitted to practice before U.S. District Court of Colorado. 2. I provided thousands of consecutively Bates-numbered documents, along with a topical index of the documents, to Tyler Kress. The index accurately summarized these voluminous documents and is attached hereto as Exhibit A. 3. Attached hereto as Exhibit B are true and correct copies of pages 76-77, 80-83, 94-97 and 114-123. FURTHER YOUR AFFIANT SAITH NOT.

/s Keith E. Ekstrom Keith E. Ekstrom Subscribed and sworn to before me this 19th day of October, 2005.

/s R. S. Martinson Notary Public