Free Exhibit List - District Court of Arizona - Arizona

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Kathleen L. Wieneke, Bar #011139 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7858 [email protected] [email protected] Attorneys for Defendants Griffin, Dunn, Lynde and Monson UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Teresa August, et al, Plaintiff, v. The City of Phoenix, et al, Defendant. Defendants Griffin, Dunn, Lynde and Monson, through counsel, submit their Objections to Plaintiffs' (sic) Supplement to Plaintiffs (sic) Exhibit Section of Joint Pretrial Order filed on January 4, 2007. In the Joint Pretrial Statement, Defendants "reserve[d] all objections to Plaintiff's exhibits because Plaintiff did not provide copies of her exhibits to Defendants in preparation of [the] Order." On January 4, 2007, Plaintiff filed a "Supplement to Plaintiffs' (sic) Exhibit Section of Joint Pretrial Order." Plaintiff, however, did not provide Defendants with copies of the referenced exhibits until the afternoon of January 5, 2007. After reviewing Plaintiff's exhibits, Defendants are compelled to supplement the Exhibit Section of the Joint Pretrial Statement to incorporate additional objections that were unable to be made because the exhibits had not been previously provided by the Plaintiff. NO. CV03-1892-PHX-ROS DEFENDANTS' SECOND SUPPLEMENT TO THE EXHIBIT SECTION OF JOINT PRETRIAL ORDER

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In addition, based on the changes to Plaintiff's exhibits and the Court's rulings during the Pretrial Hearing, Defendants have also prepared the following additions to their exhibit list. Based on the foregoing, Defendants request that the following Supplement to the Exhibit Section of the Joint Pretrial Statement be incorporated into the Joint Pretrial Statement previously filed on November 17, 2006.
M. EXHIBITS

PLAINTIFF:

26.

Medical Bill Summary Defendants object to the Medical Bills Summary provided to counsel on

January 5, 2007. The Medical Bills Summary lacks foundation and contains hearsay. This issue is the subject of a Motion filed by Plaintiff on January 7, 2007 and responded to by Defendants on January 8, 2007. 113. 114. scene. 115. scene). 116. Toby Dunn December 8, 2004, Deposition Exhibit 2 [AUGUST 2030] Nicholas Lynde August 18, 2004 Deposition Exhibit No. 2 (drawing of R.W. Griffin August 18, 2004 Deposition Exhibit No. 4 (drawing of scene). Nicholas Lynde August 18, 2004 Deposition Exhibit No. 1 (drawing of

(drawing of scene) 117. Toby Dunn December 8, 2004, Deposition Exhibit 3 [AUGUST 2031]

(drawing of scene) 118. scene) 119. Elbow dislocations and instability article listed on Dr. Carhart's reference Teresa August, August 26, 2004, Deposition Exhibit No. 11 (drawing of

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list [AUGUST 2791-2796] Defendants have withdrawn Dr. Carhart as a defense witness and all exhibits referenced by Dr. Carhart in this matter. Accordingly, Defendants object to Exhibit No. 119 as lacking foundation and containing hearsay. 120. The pathoanatomy of lateral ligamentous disruption in complex elbow

instability article listed on Dr. Carhart's reference list [AUGUST 2797-2802] Defendants have withdrawn Dr. Carhart as a defense witness and all exhibits referenced by Dr. Carhart in this matter. Accordingly, Defendants object to Exhibit No. 120 as lacking foundation and containing hearsay. 121. Classification and Evaluation of Recurrent Instability article listed on Dr.

Carhart's reference list [AUGUST 2803-2812] Defendants have withdrawn Dr. Carhart as a defense witness and all exhibits referenced by Dr. Carhart in this matter. Accordingly, Defendants object to Exhibit No. 121 as lacking foundation and containing hearsay. 122. Functional anatomy of the lateral collateral ligament complex of the elbow:

Configuration of Y and its role article listed on Dr. Carhart's reference list [AUGUST 2813-2819] Defendants have withdrawn Dr. Carhart as a defense witness and all exhibits referenced by Dr. Carhart in this matter. Accordingly, Defendants object to Exhibit No. 122 as lacking foundation and containing hearsay. 123. 2820-2831] Defendants have withdrawn Dr. Carhart as a defense witness and all exhibits referenced by Dr. Carhart in this matter. Accordingly, Defendants object to Exhibit No. 123 as lacking foundation and containing hearsay. 124.
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Elbow Instability article listed on Dr. Carhart's reference list [AUGUST

Combined hyperextension and supination of the elbow joint induces lateral
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ligament lesions article listed on Dr. Carhart's reference list [AUGUST 2832-2839] Defendants have withdrawn Dr. Carhart as a defense witness and all exhibits referenced by Dr. Carhart in this matter. Accordingly, Defendants object to Exhibit No. 124 as lacking foundation and containing hearsay. 125. Phoenix Police Department Reports [AUGUST 0193-0209; AUGUST

0249-0257; AUGUST 0213] Defendants object to Exhibit 125 as lacking foundation and as containing hearsay. In addition, documents AUGUST 0254-0257 are regarding the arrest of Mark August, which the Court has precluded reference to by granting Defendants' Motion in Limine on December 15, 2006. In addition, AUGUST 0213, lacks foundation and contains hearsay. 126. Demonstrative model of right elbow. Defendants object to Exhibit 126 as lacking foundation as not disclosed and as not listed in Plaintiff's section of the Joint Pretrial Statement. In addition, Dr. Purdy did not list this exhibit in her Rule 26(a)(2)(B) Report. 127. Demonstrative model of skeleton. Defendants object to Exhibit 127 as lacking foundation as not disclosed and as not listed in Plaintiff's section of the Joint Pretrial Statement. In addition, Dr. Purdy did not list this exhibit in her Rule 26(a)(2)(B) Report. DEFENDANTS: The following exhibits have been added by Defendants subsequent to a review of the Plaintiff's exhibits that were provided to Defendants:

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65. (162.) Phoenix Police Operations Order 4.26, Domestic Violence (AUGUST1603­1613) 66. (163.) 67. (164.) (AUGUST0073) Phoenix Police Operations Order 7.1, Prisoners (AUGUST1614­19) Audio tape of interview of Dakotah August on 6/10/02

IMPEACHMENT EXHIBITS: DEFENDANTS: In light of the Court's Procedures as well as the Rulings on the parties' Motions in Limine on December 15, 2006, the Defendants have prepared a revised list of impeachment exhibits as follows: 1. The file of Dr. Beth Purdy (BethPurdyMD-000A ­ 514)

2. Phoenix Police Department DR 12027462 pertaining to "Assault" on 10/29/01, involving Plaintiff. [AUGUST0094 ­ 98] 3. Phoenix Police Department DR 10619511 pertaining to "Attempt Suicide" on 10/13/91, involving Plaintiff. [AUGUST0210-212] 4. Phoenix Police Department DR 40870033 regarding 5/06/04 incident involving disruption of education institution. [AUGUST0540 - 45] 5. Documents from Maricopa County Superior Court case Pamela Hickey v. Teresa August, DR92-90801 [AUGUST0546 - 563] 6. Phoenix Police Department DR 10717161, Domestic Violence regarding Mark August [AUGUST0216 ­ 0222] 7. Phoenix Police Department DR 71908446, Domestic Violence/Criminal Damage, pertaining to Mark August. [AUGUST0232 ­ 0236] 8. Phoenix Police Department DR 21067717 A, Obstructing Governmental Operations, regarding Mark August [AUGUST0254 ­ 257] 9. Documents from Maricopa County Superior Court Case DR89-07034, pertaining to dissolution of marriage of Mark August. [AUGUST0564 ­ 611] 10.
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Employment file of Mark August from Paradise Valley School District.
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[AUGUST2280 ­ 2490] 11. Phoenix Police Department Field Interrogation No. 0202180121 regarding incident on 2/18/02 pertaining to Plaintiff [AUGUST0215] R. MISCELLANEOUS In light of the Court's Rulings on the parties' Motions in Limine on December 15, 2006, the Defendants have prepared a reduced list of Plaintiff's

deposition designations as follows: 2. Deposition of Plaintiff Plaintiff's Objections All as not best evidence.

Designation 7:22 ­ 8:16 12:2 ­ 12:22 12:23 ­ 13:6 16:11 ­ 16:13

17:2 ­ 19:17 (reference to Cigna was deleted) 23:13 ­ 24:2 (reference to Cigna was deleted) 31:2 ­ 32:11 33:17 ­ 34:15 35:25 ­ 36:24 37:10 ­ 38:9 38:25 ­ 41:20 61:16 ­ 61:21 63:5 ­ 63:6 68:1 ­ 70:20 94:10 ­ 99:25 104:2 ­ 109:22 118:7 ­ 120:6
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120:10 ­ 120:12 120:13 ­ 120:21 166:1 ­ 168:18 169:17 ­ 169:18 173:4 ­ 173:15 174:4 ­ 174:7 182:12 ­ 183:25 190:16 ­ 191:11 VIDEO RECORDING DESIGNATIONS Defendants will use the following video (no audio) recordings of Plaintiff's deposition for demonstrative purposes only: Video Time Code Range 9:23:01 ­ 9:23:09 9:31:34 ­ 9:31:43 9:40:31 ­ 9:40:38 9:51:00 ­ 9:51:10 9:59:09 ­ 9:59:16 10:11:22 ­ 10:11:30 10:15:30 ­ 10:15:37 11:57:48 ­ 11:57:59 1:06:26 ­ 1:06:41 1:57:26 ­ 1:06:41 2:21:55 ­ 2:22:31 2:46:44 ­ 2:47:08 / / / / / / / / / /
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Page Line Range None ­ videographer preamble 10:6 ­ 10:9 17:3 ­ 17:4 23:17 (no testimony; pause before a question) 28:2 ­ 28:5 36:2 ­ 36:4 39:17 ­ 39:20 92:3 ­ 92:6 121:14 ­ 121:20 145:12 ­ 145:22 159:15 ­ 160:6 179:13 ­ 179:20

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DATED this 8th day of January, 2007. JONES, SKELTON & HOCHULI, P.L.C.

By /s/Jennifer L. Holsman Kathleen L. Wieneke Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Griffin, Dunn, Lynde and Monson Electronically filed and served this 8th day of January, 2007, to: ALL PARTIES ON ELECTRONIC SERVICE LIST COPY mailed this same date to: The Hon Rosalyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003

By Peggy Sue Trakes

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