Free Objections - District Court of Colorado - Colorado

Case 1:03-cv-02311-EWN-CBS

Document 131

Filed 08/12/2008

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Edward W. Nottingham Civil Action No. 03-cv-2311-EWN-CBS LINDA M. PIERCY Plaintiff, v. TERRY MAKETA, as Sheriff of El Paso County Sheriffs Office, EL PASO COUNTY SHERIFFS OFFICE, and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EL PASO, Defendants. ____________________________________________________________________________ PLAINTIFFS' OBJECTIONS TO DEFENDANTS' EXHIBITS ____________________________________________________________________________ COME NOW the Plaintiff Linda M. Piercy, by and through her attorney, Stefan Kazmierski of McNamara, Roseman, Martínez & Kazmierski, LLP, and respectfully submit the following Objections to the following defense trial exhibits: This Court noted, in its June 30, 2008 Order and Memorandum of Decision, that "The only remaining question is whether EPSOs action preventing female deputies from transferring to Metro was an adverse employment action with respect to ,,terms, conditions, or privileges of employment, which shall be decided by the jury at trial." 1. Exhibit A-1 (Organization Charts of EPSO): The information contained in this

document is relevant, if at all, only to legal issues for which this Court has granted summary judgment, in whole or in part. It is written by a representative of a labor organization that was not a party to the "MFG" series of collective bargaining agreements that are at issue in this case. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev.

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402, the probative value of this document is substantially outweighed by considerations of undue delay and waste of time, and therefore should be excluded pursuant to Fed.R.Ev. 403. 2. 3. Exhibit A-2 (Deputy Sheriff Job Description): No objection. Exhibit A-3 (Document Regarding Recruitment of Female Deputies): The

information contained in this document (one page) is relevant, if at all, only to legal issues for which this Court has granted summary judgment, in whole or in part. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay and waste of time, and therefore should be excluded pursuant to Fed.R.Ev. 403. 4. Exhibit A-4 (Selected Policies and Procedures of EPSO): The information

contained in this document is relevant, if at all, only to legal issues for which this Court has granted summary judgment, in whole or in part. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay and waste of time, and therefore should be excluded pursuant to Fed.R.Ev. 403. 5. Exhibit A-5 (Receipt for Policy and Procedure Manual Signed by Plaintiff, dated

April 21, 1997): The information contained in this document is not relevant to the issue remaining in this case. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of confusion of the issues, or misleading the jury, or by considerations of undue delay and waste of time, and therefore should be excluded pursuant to Fed.R.Ev. 403.

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6.

Exhibit A-6 (Videotape of CJC): This exhibit, while listed earlier, was never

provided to Plaintiff. Further, while the video shows parts of CJC, the facility where females were permitted to work, it does not show the entire facility and presents the physical layout in a misleading fashion. Also, the sound track of the video appears to have been muted, or filmed at a time when most inmates are not present, so as to downplay the volume levels normally present in the facility. Even if this Court determines that this video contains relevant evidence under Fed.R.Ev. 402, the probative value is substantially outweighed by the danger of unfair prejudice or misleading the jury, and therefore should be excluded pursuant to Fed.R.Ev. 403. 7. Exhibit A-7 (Photographs of CJC): These photographs, 1 through 5, appear to be

culled from a series of photographs of CJC and depict nothing meaningful. Two are of signage only. As such, they are irrelevant. Even if this Court determines that these photographs are relevant under Fed.R.Ev. 402, the probative value is substantially outweighed by the danger of unfair prejudice or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence, and therefore should be excluded pursuant to Fed.R.Ev. 403. 8. Exhibit A-8 (Videotape of Metro): This exhibit, while listed earlier, was never

provided to Plaintiff. Further, while the video shows parts of Metro, it has obviously been excerpted from a longer and more complete video. Even if this Court determines that this video contains relevant evidence under Fed.R.Ev. 402, the probative value is substantially outweighed by the danger of unfair prejudice or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence, and therefore should be excluded pursuant to Fed.R.Ev. 403.

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9.

Exhibit A-9 (Photographs of Metro): These photographs, 1 through 12, appear to

be culled from a series of photographs of Metro and depict nothing meaningful. As such, they are irrelevant. Even if this Court determines that these photographs are relevant under Fed.R.Ev. 402, the probative value is substantially outweighed by the danger of unfair prejudice or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence, and therefore should be excluded pursuant to Fed.R.Ev. 403. 10. Exhibit A-10 (Selected CJC Shift Assignment Sheets): These documents were

never identified or produced earlier and must be stricken. Further, they show only selected shifts for selected dates. The information contained in these documents is relevant, if at all, only to legal issues for which this Court has granted summary judgment, in whole or in part. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence, and therefore should be excluded pursuant to Fed.R.Ev. 403. 11. Exhibit A-11 (Selected EPSO Detention Bureau Daily Ward Logs): These

documents were never identified or produced earlier and must be stricken. Further, they show only selected shifts for selected dates. The information contained in these documents is relevant, if at all, only to legal issues for which this Court has granted summary judgment, in whole or in part. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue

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delay, waste of time, or needless presentation of cumulative evidence, and therefore should be excluded pursuant to Fed.R.Ev. 403. 12. No objection. 13. Exhibit A-13 (Memo from Commander Grayson to Linda Piercy): The Exhibit A-12 (August 27, 2002 Memorandum re: Metro Floor Security Positions):

information contained in this document is relevant, if at all, only to legal issues for which this Court has granted summary judgment, in whole or in part. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay and waste of time, and therefore should be excluded pursuant to Fed.R.Ev. 403. 14. Exhibit A-14 (Termination Letter to Plaintiff): The information contained in this

document is not relevant and is intended only to prejudice the jury. This exhibit is relevant only to issues for which this Court has granted summary judgment, in whole or in part. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, and therefore should be excluded pursuant to Fed.R.Ev. 403. 15. Exhibit A-15 (Final Termination Letter): The information contained in this

document is not relevant and is intended only to prejudice the jury. This exhibit is relevant only to issues for which this Court has granted summary judgment, in whole or in part. Even if this Court determines that this document contains relevant evidence under Fed.R.Ev. 402, the probative value of this document is substantially outweighed by the danger of unfair prejudice,

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confusion of the issues, or misleading the jury, and therefore should be excluded pursuant to Fed.R.Ev. 403. DATED this 12th day of August, 2008. McNamara, Roseman, Martínez & Kazmierski, LLP s/Stefan Kazmierski 1640 E. 18th Avenue Denver, CO 80218-1202 (303) 333-8700, Ext. 5 Fax (303) 331-6967 Email: [email protected] Certificate of Service I hereby certify that on August 12, 2008, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: Gordon L. Vaughan at [email protected] Jessica K. Muzzio at [email protected] Andrew C. Gorgey at [email protected] s/Stefan Kazmierski Stefan Kazmierski McNamara, Roseman, Martinez & Kazmierski, L.L.P. 1640 E. 18th Ave. Denver, CO 80218-1202 303-333-8700, Ext. 5 Fax 303-331-6067 Email: [email protected] Attorney for Plaintiff Piercy There were no required privacy redactions. This digital submission has been scanned for viruses with the most recent version of McAfee VirusScan Enterprise 8.5.0i, updated daily and, according to the program, is free of viruses.