Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02633-PSF-PAC

Document 275

Filed 09/27/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02633-PSF-PAC LILLIAN BARTON, Plaintiff, v. OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE Defendants, and Civil Action No. 04-cv-00319-PSF-PAC LILLIAN BARTON, Plaintiff, v. RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS Defendants. _____________________________________________________________________________ PLAINTIFF'S RESPONSE TO DEFENDANTS' RENEWED MOTIONS IN LIMINE _____________________________________________________________________________ Plaintiff responds to Defendants' Renewed Motions in Limine to Exclude Any Evidence or Testimony Pertaining to Plaintiff's Damages as follows: 1. Plaintiff Lillian Barton has been working in the days since the September 22, 2006 Supplemental Final Pretrial Conference to collect and provide to Defendants the supporting

Case 1:03-cv-02633-PSF-PAC

Document 275

Filed 09/27/2006

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documentation for her "Expenses incurred" as a result of malicious prosecution over 9 months time" (Joint Exhibit 14) and "Expenses Incurred By Plaintiff as a Result of Bringing Malicious Prosecution Case" (Joint Exhibit 15). Defendants' counsel has been informed in writing that Lillian Barton informs that she will be finished collecting that information and that it can be delivered to Defendants' counsel tomorrow. Further, that portion of such expenses based upon monies paid to undersigned counsel for Plaintiff has been provided to Defendants' counsel this date. 2. However, it should be noted that neither of these exhibits purports to be a list of "damages" as characterized by Defendants. A review of the two exhibits as attached to Defendants' own Renewed Motion in Limine shows that the lists consist of out of pocket costs for lawyers, copies, trips, mileage and parking. The two exhibits do not purport to be an exhaustive list of Plaintiff's damages resulting from her claims against Defendants which survive and are set for trial to commence October 3, 2006. 3. There were months of formal discovery in this case and Defendants had the opportunity to depose the Plaintiff at length regarding her claims and damages. Plaintiff should not be precluded from presenting "Any Evidence or Testimony Pertaining to Plaintiff's Damages" as sought by Defendants' Second Motion in Limine, simply because Defendants did not do their job in discovering the basis for those damages (again as opposed to out of pocket expenses as described on Exhibits 14 and 15.) 4. However, F.R.E 1006 deals with "contents of voluminous writings, recordings, or photographs" which have been "presented in the form of a chart, summary or calculation." Exhibit 14 and 15 are very specific listings of expenses as opposed to summarizing voluminous writings. Plaintiff is doing her utmost to produce the supplementation requested by Defendants.

Case 1:03-cv-02633-PSF-PAC

Document 275

Filed 09/27/2006

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But she should not be foreclosed from presenting "any evidence or testimony pertaining to her damages" as a penalty for not providing earlier very specific information regarding expenses which are already quite specific as to which she has already provided 12 pages of detail as shown by Exhibit 15 attached to Defendants' own WHEREFORE, Plaintiff counsel requests that Plaintiff be permitted to attempt to comply with Defendant's request for supplementation of her lists of expenses on Exhibits 14 and 15 but that she not be foreclosed from testifying as to her damages caused by Defendants, and for such other and further relief as to the Court may seem just and proper. RESPECTFULLY SUBMITTED, A. THOMAS ELLIOTT, JR., P.C. BY: s/ A. Thomas Elliott, Jr. A. Thomas Elliott, Jr. 1816 Race Street Denver, CO 80206 (303)322-5490 E-mail: [email protected] Attorney for Plaintiff

CERTIFICATE OF SERVICE I hereby certify that on September 27, 2006, an electronic copy of the foregoing Plaintiff's Response to Defendants' Renewed Second Motion in Limine was filed with the Court via CM/ECF system which will send notice to: Brett Anthony McDaniel [email protected] Sonja S. McKenzie [email protected] and was also sent via the U.S. Mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Rd. Evergreen, CO 80439 s/ A. Thomas Elliott,Jr.

Case 1:03-cv-02633-PSF-PAC

Document 275

Filed 09/27/2006

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A. Thomas Elliott, Jr.