Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-01009-EWN-MEH

Document 72

Filed 03/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-cv-1009-EWN-MEH MARIAN J. BARCIKOWSKI, v. SUN MICROSYSTEMS, INC., a Delaware corporation, Defendant. ______________________________________________________________________________ PLAINTIFF'S STIPULATIONS AND OBJECTIONS TO DEFENDANT'S TRIAL EXHIBITS ______________________________________________________________________________ COMES NOW the Plaintiff, by and through his attorneys, Roseman & Kazmierski, LLC, and, pursuant to Fed. R. Civ. P. 26(a)(3), respectfully submits the following stipulations and objections to Defendant's trial exhibits: Exhibit A-1: With the exception of the handwritten notes that appear on this exhibit, Plaintiff stipulates to its authenticity and admissibility. Plaintiff objects to the admission of any of those handwritten notes in the absence of any testimony at trial authenticating and explaining them. Exhibit A-2: Plaintiff stipulates to the authenticity and admissibility of this exhibit. Exhibit A-3: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial in the absence of any testimony by the author of this document. Exhibit A-4: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-5: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-6: Plaintiff stipulates to the authenticity and admissibility of this exhibit. Exhibit A-7: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly Plaintiff,

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conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-8: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-9: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-10: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-11: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-12: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial in the absence of any testimony by the author of this document. Exhibit A-13: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial in the absence of any testimony at trial by the author of this document. Exhibit A-14: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial in the absence of any testimony at trial by the author of this document. Exhibit A-15: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial.

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Exhibit A-16: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-17: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-18: Plaintiff stipulates to the authenticity of this exhibit. Plaintiff objects to the admissibility of this exhibit pursuant to Fed. R. Ev. 802, since it is not a record of regularly conducted activity admissible under Fed. R. Ev. 803(6) and is not otherwise admissible at trial. Exhibit A-19: Plaintiff stipulates to the authenticity and admissibility of this exhibit. Exhibit A-20: Plaintiff stipulates to the authenticity and admissibility of this exhibit. Exhibit A-21: Since there is no Exhibit A-21, Plaintiff has no stipulations or objections to that exhibit. Exhibit A-22: Plaintiff stipulates to the authenticity and admissibility of this exhibit. Exhibit A-23: Plaintiff reserves the right to object to any exhibits that Defendant may offer for impeachment or rebuttal purposes. Respectfully submitted, ROSEMAN & KAZMIERSKI, LLC s/Barry D. Roseman BARRY D. ROSEMAN 1120 Lincoln Street, Suite 1607 Denver, Colorado 80203 303/839-1771 Attorneys for Plaintiff

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CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the twenty-seventh day of March 2006, a true and correct copy of the above and foregoing Plaintiff's Stipulations and Objections to Defendant's Trial Exhibits was sent via CM/ECF electronic filing, addressed to the following party: Steven J. Merker, Esq. R. Stephen Hall, Esq. DORSEY & WHITNEY LLP 370 17th Street, Suite 4700 Denver, Colorado 80202-5647

s/Karin C. Bailey Karin C. Bailey