Free Response to Motion - District Court of Arizona - Arizona

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Stephen G. Montoya (#011791) MONTOYA JIMENEZ, P.A.
The Great American Tower 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012 (602) 256-6718 (fax) 256-6667

[email protected] Attorney for Plaintiff

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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Monica Ortega-Guerin, plaintiff, vs.

No. CIV 04-0289-PHX-MHM Plaintiff's Response to Defendants' Motion in Limine regarding Prior Incidents

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City of Phoenix, Frank Favela, and Frank Peralta, defendants.

Plaintiff is not seeking damages in this case in connection to the sexual
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harassment that she suffered in approximately 2000 relating to her former supervisor,
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Mr. William Fields. Nor is Plaintiff seeking damages for the injuries that she incurred
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as a result of the sexual harassment that she suffered at the City in the late 1980's and
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early 1990's.
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Plaintiff accordingly does not oppose Defendants' Motion in Limine to exclude
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evidence of these events at trial.
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However, Plaintiff reserves her right to revisit this issue in the event that any of
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the Defendants "opens-the-door" to this area by claiming that it or the City of Phoenix
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Case 2:04-cv-00289-MHM

Document 48

Filed 11/21/2005

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has uniformly taken prompt and effective remedial measures in response to complaints by Plaintiff of sexual harassment. Dated the 21st day of November, 2005. MONTOYA JIMENEZ A Professional Association s/ Stephen G. Montoya Stephen G. Montoya 3200 North Central Avenue, Ste. 2550 Phoenix, Arizona 85012-2490 Attorney for Plaintiff

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Case 2:04-cv-00289-MHM

Document 48

Filed 11/21/2005

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CERTIFICATE OF SERVICE

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I hereby certify that on November 21, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: David F. Gaona Gaona Law Firm 3101 North Central Avenue, Suite 720 Phoenix, Arizona 85012 Attorney for Defendants

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I further certify that on November 21, 2005, the attached document was handdelivered to: The Honorable Mary H. Murguia United States District Court for the District of Arizona Sandra Day O'Connor United States Courthouse 401 West Washington Street Phoenix, Arizona 85003

s/ Stephen G. Montoya

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Case 2:04-cv-00289-MHM

Document 48

Filed 11/21/2005

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