Free Objections - District Court of Colorado - Colorado

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

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Filed 06/09/2006

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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-319-PSF-PAC LILLIAN BARTON, Plaintiff, v. RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS Defendants. ______________________________________________________________________________ DEFENDANTS' OBJECTIONS TO PLAINTIFF' TRIAL EXHIBITS S ______________________________________________________________________________ Defendants, OFFICER RICHARD BLEA (incorrectly designated as "Bley"), OFFICER NICK SAGAN (incorrectly designated as "Sagen"), and OFFICER JOSH VASCONCELLOS (hereinafter "Defendants"), by their attorneys, SONJA S. McKENZIE and BRETT A. McDANIEL of SENTER GOLDFARB & RICE, L.L.C., and pursuant to

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

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Fed.R.Civ.P. 26(b)(3) and the Pre-Trial Order entered in this case, hereby submit their objections to Plaintiff' Trial Exhibits as follows: s Exhibit Number 1 Description
City of Glendale Specifications and J.R. Engineering Specs. Verification of the hydro seeding site, seed mix and that "no fertilizer to be used adjacent to wetlands, wetland mitigation sites or streams in the hydro seeding mix. Also seed mix. Map of Phillips 66 lot.

Objection
Hearsay; relevance; no probative value; lack of foundation.

2 3 4

Lack of foundation; contains hearsay statements; never previously disclosed. Lack of foundation. Hearsay; double hearsay; relevance; no probative value; Fed.R.Evid. 403; Fed.R.Evid. 702; Fed.R.Evid. 703 (See, Defendants' Motions in Limine). Hearsay; double hearsay.

9" x 10" color photo of hydroseeder. Letter from the City and County of Denver Public Safety Review dated March 29, 2004 to Chief Gerald Whitman and signed by Roxanne D. Baca. Denver Police Dept. Dispatch Report dated February 24, 2002 of Incident No. 02127321 pertaining to Complaint of Tahanni Castaned, Asst. Mg. of the Phillip 66 Station, and dispatch of Fire Dept. and Police Officers. Fire Dept., Officer George A. Southern' s Incident No. 02-009055, listing completed Module of Apparatus Unit No. 9 to assist police in landscape spill. Lawrence D. Gomba Complaint and Summons GD 419303 dated February 24, 2002 Lillian Barton Complaint GD General Summons and

5

6

Document is incomplete as it is missing Section A.

7

Relevance; no probative value.

8

Page 1 is illegible and contains handwritten statements never previously disclosed, which are hearsay; Fed.R.Evid. 403. Hearsay; double hearsay; relevance; no probative value; contains statement of law not proper as exhibit; Fed.R.Evid. 403.

9

Dec. 24, 2002 Order of Judge Mary Celeste, Case No. 02 GS 495323

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10 11 12

Lawrence Gomba' s C/A Resolution Program agreement.

Alternative

Relevance; no probative value.

Lillian Barton' C/A Alternative Resolution s Program agreement. A. Thomas Elliott' Motion to Suppress to s Declare Arrest Illegal and to Dismiss of November 25, 2002. Transcription of Motions Hearing of December 20, 2002 by Jane Gillen dated February 21, 2004 ­ The People of the State of Colorado, Plaintiff v. Lillian Barton. Defendant ­ Case No. 02GS495323. (13a) Pages 2 through 139 of the entire transcript Actual Damages Incurred by Lillian Barton as a result of criminal Case No. GD 419303.

Stipulated.

Hearsay; lack of foundation; contains statement of law not proper as exhibit; relevance; Fed.R.Evid. 403. Hearsay; should be used only for impeachment purposes; contains statement of law and argument not properly used as exhibit; relevance; no probative value; Fed.R.Evid. 403. Lack of foundation; hearsay; never previously disclosed; contain materials not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Lack of foundation; hearsay; never previously disclosed; relevance; pages 312 contain materials not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Hearsay; this document is a pleading in this case containing legal argument not properly used as an exhibit; relevance; no probative value. Hearsay; relevance; no probative value. Lack of foundation; hearsay; double hearsay; relevance; no probative value; Fed.R.Evid. 403; Fed.R.Evid. 702; Fed.R.Evid. 703; (See, Defendants' Motions in Limine); not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E).

13

14

15

Actual Damages Incurred by Lillian Barton as a result of litigation in Malicious Prosecution Case.

16

Plaintiff' s Objections Recommendations

to

Court

17 18

Defendants' Counsel, McKenzie and McDaniel' Letter of April 4, 2006. s Chief Whitman letter of December 26, 2004.

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19

Defendant Officer Blea Response Plaintiff' Request for Admissions s

to

Hearsay; should be used only for impeachment purposes; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Hearsay; should be used only for impeachment purposes; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Hearsay; should be used only for impeachment purposes; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Hearsay; this document is a pleading containing legal argument and is not properly used as an exhibit; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E); consists of 16 pages of multiple discrete exhibits including duplicates of prior exhibits; cumulative; relevance; no probative value; lack of foundation; Fed.R.Evid. 403. Defendants specifically do not object to Pages 6-10.

20

Defendant Josh Vasconcellos' Response to s First Set of Interrogatories and Request to Produce

21

Defendant Nic Sagan' (sic) Response to s Plaintiff' First Set of Interrogatories s

22

Defendant' s Disclosures

Second

Supplemental

23

Submission of Evidentiary Exhibits "A" through "Z" of Appendices to Updated and Supplemented Interrogatories Submitted on December 21, 2004

Hearsay; double hearsay; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E); consists of 86 pages of multiple discrete exhibits, including duplicates of prior exhibits (pp. 20-21 are duplicative of Exhibit 4, Defendants also object to p. 23 as it is cumulative of Exhibit 37 and is hearsay); cumulative; relevance; no probative value; lack of foundation; Fed.R.Evid. 403.

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24

Motion to Dismiss

Hearsay; relevance; no probative value; this document is a pleading containing legal argument and is not properly used as an exhibit; Fed.R.Evid. 403; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Hearsay.

25 26

C&C of Denver Case No. 02GS8495323 of Lillian Barton1 C&C of Denver Case No. 02GS8419303 of Lawrence D. Gomba

Hearsay; relevance; no probative value; lack of foundation; Fed.R.Evid. 403; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Hearsay; lack of foundation; relevance; no probative value; not timely or appropriately identified within the Final Pre-Trial Order pursuant to D.C.COLO.LCivR 16.3 (A) and Fed.R.Civ.P. 16(D) and 16(E). Lack of foundation.

27

Medical & Work History submitted to Defendants' Doctor I. Stephen Davis, M.D. of the Colorado Orthopedic Clinic P.C. by Lillian Barton

28

Color photograph of Phillips 66 gas station showing cashier' booth s

1

Exhibit Nos. 25 and 26 are docket reports for those case numbers referenced by Plaintiff.

5

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Respectfully submitted,

s/ Sonja S. McKenzie Sonja S. McKenzie s/ Brett A. McDaniel Brett A. McDaniel Senter Goldfarb & Rice, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mails: [email protected] [email protected] Attorneys for Defendants Gerald Whitman, City and County of Denver, Officer Richard Blea, Officer Nick Sagan, Chris Ramsey, Mayor John Hickenlooper, Rudy Sandoval, Wellington Webb, J. Wallace Wortham, Jr. and Officer Josh Vasconcellos

CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 9th day of June, 2006, I electronically filed a true and correct copy of the above and foregoing DEFENDANTS' OBJECTIONS TO PLAINTIFF' S TRIAL EXHIBITS with the Court via CM/ECF system and served via the U.S. mail, first class postage prepaid, addressed as follows: Lillian Barton 97 Soda Creek Road Evergreen, CO 80439 Luis Corchado Denver City Attorney' Office s 201 West Colfax Avenue - Dept 1108 Denver, Colorado 80202

s/ Kathleen Bertz Kathleen Bertz E-mail: [email protected] Secretary for Attorney Brett A. McDaniel

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