Free Objections - District Court of Colorado - Colorado

Case 1:03-cv-01973-PSF-MJW

Document 160

Filed 10/11/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-F-1973 (MJW)

J. E. H. KNUTSON, Plaintiff, v. THE WALKER GROUP, INC., Defendant

THE WALKER GROUP, INC. Plaintiff, v. FIRST LAYER COMMUNICATIONS, INC. and J.E.H. KNUTSON Defendants.

DEFENDANT'S OBJECTIONS TO PLAINTIFF'S AMENDED EXHIBIT LIST

NOW COMES The Walker Group, Inc. ("Walker Group"), by and through counsel and pursuant to Federal Rule of Civil Procedure 26(a)(3) and Section 7.b. of the Final Pretrial Order entered by this Court on April 27, 2005, and hereby files a list of objections, and the grounds therefore, to the admissibility of the proposed exhibits identified by J.E.H. Knutson ("Plaintiff")

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Case 1:03-cv-01973-PSF-MJW

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in his Amended Exhibit List, served on September 30, 2005.

Walker Group renews its

objections to Plaintiff's proposed Exhibits 14, 17, 18, 19, 20, 31, 51, 54, 59, 68 and 74 (as originally numbered) that were included in Defendant's Objections to Plaintiff's Proposed Exhibits, filed on May 17, 2005. On September 30, 2005, Plaintiff purported to amend his list of proposed exhibits to include eleven additional exhibits numbered 74 through 84. Walker Group submits these

objections without prejudice to it Motion to Strike Plaintiff's Amended Exhibit List, filed contemporaneously herewith. General Objections A. Plaintiff's Amended Exhibit List is untimely, coming more than four months after

Walker Group filed its objections to Plaintiff's proposed exhibits in accordance with Section 7.b. of the Court's Pretrial Order entered on April 27, 2005. B. Depending on the purpose for which each exhibit is offered, Walker Group

reserves the right to object to each exhibit on the basis of foundation and relevance (Fed. R. Evid. 401, 402, 403, 602, 901).

Specific Objections

Proposed Exhibit Number 74 (renumbered by Plaintiff) 75 76 77

Grounds General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802)

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78 79 80 81 82 83 84

General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802) General Objection A., General Objection B and Hearsay (Fed. R. Evid. 801, 802)

This the 11th day of October, 2005.

/s/ Richard S. Gottlieb Richard S. Gottlieb Laura A. Greer Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101-2400 Telephone: (336) 607-7300 Attorneys for Defendant Walker Group, Inc. Joshua Maximon, Esq. The Maximon Law Firm, LLC 12202 Airport Way, Suite 170 Broomfield, Colorado 80021 Telephone: (303) 991-3344

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on October 11, 2005, I electronically filed the foregoing DEFENDANT'S OBJECTIONS TO PLAINTIFF'S AMENDED PROPOSED EXHBIT LIST with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected], and I hereby certify that I have mailed or served the document or paper to the following non CM/ECF participants by first class mail addressed as follows: none.

/s/ Richard S. Gottlieb Richard S. Gottlieb Attorney for Defendant Walker Group, Inc. Kilpatrick Stockton LLP 1001 West Fourth Street Winston-Salem, North Carolina 27101-2400 Telephone: (336) 607-7300 [email protected]
02560-207219 WINLIB01:1151949.2

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