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 City of Phoenix, 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 City of Phoenix, Griffin, Dunn, Lynde and Monson, through counsel, submit this supplement to Plaintiff's Exhibit Section of the Joint Pretrial Statement. In the Joint Pretrial Statement, Defendants "reserve[d] all objections to NO. CV03-1892-PHX-ROS DEFENDANTS' SUPPLEMENT TO PLAINTIFF'S EXHIBIT SECTION OF JOINT PRETRIAL STATEMENT

Plaintiff's exhibits because Plaintiff did not provide copies of her exhibits to Defendants in preparation of [the] Order." On December 12, 2006 at approximately 3:00 p.m., Defendants received copies of Plaintiff's trial exhibits for the first time. After reviewing Plaintiff's exhibits, Defendants are compelled to supplement the Exhibit Section of the Joint Pretrial Statement to: (1) withdraw objections previously made; (2) incorporate additional objections that were unable to be made because the exhibits had not been previously provided by the Plaintiff; and (3) withdraw several duplicative exhibits from Defendants'

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exhibit list in accord with the directive that no duplicate exhibits be listed or marked. Accordingly, 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 _____.
M. EXHIBITS

PLAINTIFF:

1.

Teresa August's Arizona Heart Hospital Medical Records [00001 ­ 000013] Defendants withdraw their previous objection to page [000002].

2. 3.

Teresa August's Maricopa Medical Center Medical Records [000014 ­ 000038] Teresa August's CIGNA Healthcare ­ Surgicenter Medical Records [000039 ­ 000051] Defendants withdraw their previous objection to pages [000039-000048] and [000051].

4. 5. 6. 7. 8. 9.

Teresa August's Charles M. Creasman, M.D. Medical Records [000052 ­ 000060] Teresa August's Beth A. Purdy, M.D. Medical Records [000061 ­000070] Teresa August's Canyon Surgery Center Medical Records [000071 ­ 000077] Teresa August's David England, D.O. Medical Records [000078 ­000082] Teresa August's Desert Hand Therapy Medical Records [000083 ­000115] Urgent Care Record (Cigna) [AUGUST 1263] Defendants object to Exhibit 9 as duplicative of Exhibit 3 and as unrelated to Plaintiff's elbow injury, lacking foundation, irrelevant and containing hearsay.

10.

Teresa August's Arizona Heart Hospital Billing Statement [000116] Defendants object to Exhibit 10 as lacking foundation and as containing hearsay.

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11.

Teresa August's Maricopa Medical Center Billing Statement [000117 ­ 000119] Defendants object to Exhibit 11 as lacking foundation and as containing hearsay.

12.

Teresa August's Med Pro-ER Physicians/Radiology Billing Statement [000120 ­ 000121] Defendants object to Exhibit 12 as lacking foundation and as containing hearsay.

13.

Teresa August's Charles M. Creasman, M.D. Billing Statement [000122 ­ 00124] Defendants object to Exhibit 13 as lacking foundation and as containing hearsay.

14.

Teresa August's Beth A. Purdy, M.D. Billing Statement [000125 ­ 00130] Defendants object to Exhibit 14 as lacking foundation and as containing hearsay.

15.

Teresa August's Canyon Surgery Center Billing Statement [000131 ­ 000133] Defendants object to Exhibit 15 as lacking foundation and as containing hearsay.

16.

Teresa August's David England, D.O. Billing Statement [000134] Defendants object to Exhibit 16 as lacking foundation and as containing hearsay.

17.

Teresa August's Healthsouth Billing Statements [000135 ­ 000136] Defendants object to Exhibit 17 as lacking foundation and as containing hearsay.

18.

Teresa August's Pointe CIGNA Pharmacy Billing Statement [000137 ­ 000139] Defendants object to Exhibit 18 as lacking foundation, irrelevance and as containing hearsay.

19.

Teresa August's Desert Hand Therapy Billing Statement [000140 ­ 000148] Defendants object to Exhibit 19 as lacking foundation and as containing hearsay.

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20.

Teresa August's Valleywide Surgical Services Billing Statement [000149] Defendants object to Exhibit 20 as lacking foundation and as containing hearsay.

21.

Teresa August's St. Lukes Medical Center Billing Statement [000150 ­ 000154] Defendants object to Exhibit 21 as lacking foundation and as containing hearsay.

22.

Teresa August's Steven S. Crohn, M.D. Billing Statement [000155] Defendants object to Exhibit 22 as irrelevant and containing hearsay.

23.

Teresa August's Target Receipt [000156] Defendants object to Exhibit 23 as lacking foundation and as containing hearsay.

24.

Teresa August's CIGNA Pharmacy Billing Statement [000157 - 000159] Defendants withdraw their previous objection to Exhibit 24.

25.

Teresa August's CIGNA Medical Group Equivalent Value Statement (EVS) [000259 - 00267]

Defendants object to Exhibit 25 as lacking foundation, irrelevant and containing hearsay. 26. Medical Bill Summary Defendants object to Exhibit 26 as not disclosed, lacking foundation and as containing hearsay. 27. Teresa August 08/26/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 27 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form. 28. Mark August 08/19/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 28 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

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29.

Dakota August 06/24/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 29 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

30.

Pam Hickey 06/29/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 30 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

31.

Beth Purdy, M.D. 02/10/2005 Deposition Transcript and attached exhibits Defendants object to Exhibit 31 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

32.

Richard Seligson, M.D. 09/09/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 32 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

33.

Joseph Tomory 01/18/2005 Deposition Transcript and attached exhibits Defendants object to Exhibit 33 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

34.

Toby Dunn 12/08/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 34 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

35.

R.W. Griffin 08/18/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 35 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

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36.

Sam Hickey 12/09/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 36 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

37.

Jeffeory Hynes 02/11/2005 Deposition Transcript and attached exhibits Defendants object to Exhibit 37 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

38.

Jeffeory Hynes 02/28/2005 Deposition Transcript and attached exhibits Defendants object to Exhibit 38 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

39.

Nicholas Lynde 08/18/2004 Deposition Transcript and attached exhibits Defendants object to Exhibit 39 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

40.

Lyle Monson 01/05/2005 Deposition Transcript and attached exhibits Defendants object to Exhibit 40 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

41.

June 2003 Preliminary Hearing Transcript and attached exhibits Defendants object to Exhibit 41 as Plaintiff's designation is overly broad. Plaintiff also failed to designate page and line numbers. As a result, Defendants reserve the right to make objections on the basis of relevance, hearsay, prejudice, foundation, cumulative and form.

42.

Transcript of tape recorded interview of Teresa August by Officer Lyle Monson [AUGUST 0057 - 0069] Defendants withdraw their previous objection to Exhibit 42.

43.

Transcript of tape recorded interview of Sam Hickey [AUGUST 1445 ­ 1456]

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44. 45.

Transcript of tape recorded interview of Dakota August [AUGUST 0055 ­ 0058] PUHS Document, Outstanding Educator Award, 1984, signed by Bruce Babbitt [AUGUST 0912] Defendants object to Exhibit 45 as irrelevant, lacking foundation, containing hearsay, as unrelated to Plaintiff's claims and remote as the document is 22 years old.

46.

PUHS letter of care for Asian students [AUGUST 09156] Defendants object to Exhibit 46 as irrelevant, lacking foundation and containing hearsay, as unrelated to Plaintiff's claims and remote as the document is 21 years old.

47.

PUHS performance review [AUGUST 1060-62] Defendants object to Exhibit 47 as irrelevant, lacking foundation and containing hearsay, as unrelated to Plaintiff's claims and remote as the document is 35 years old.

48.

PUHS application for supervisory position [AUGUST 1096-99] Defendants object to Exhibit 48 as irrelevant, lacking foundation and containing hearsay, as unrelated to Plaintiff's claims and as remote.

49.

Michael Black, Esq. records [August-Black 00001-00145] Defendants object to Exhibit 49 as lacking foundation, as irrelevant, as containing hearsay and as prejudicial.

50.

Letter from Pam Hickey [August-Black 00133 - 00116] Defendants object to Exhibit 50 as irrelevant and as containing hearsay.

51.

Letter dated August __, 2004 from Dan Treon to Sgt. Tomory [AUGUST 0258] Defendants object to Exhibit 51 as lacking foundation and as irrelevant. Defendants further object to this letter as containing hearsay. In addition, Defendants have filed a Motion in Limine regarding the PSB investigation.

52. 53.

Use of Force Policy [AUGUST 0152-0170] Wage Loss Documentation Plaintiff failed to provide Defendants with a copy of Exhibit 53 and it is thus believed that Plaintiff has withdrawn the exhibit. Defendants
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reserve the right to make further objections upon receipt of the document 54. CAD Documents from City of Phoenix [AUGUST 0188-0192] Defendants withdraw their previous objection to Exhibit 54. 55. Sgt. Wycoff's report [AUGUST 0083] Defendants previously objected to Exhibit 55 as the "report" was incomplete and missing page 2 [August 0084]. In Plaintiff's exhibits received on December 12, 2006, however, Plaintiff included both pages [AUGUST 0083-0084]. Accordingly, Defendants withdraw their previous objection to the incomplete "report" provided that Plaintiff marks the entire report as Exhibit 55. 56. Phoenix Fire Department EMT Report [AUGUST 0114] Defendants object to the Phoenix Fire Department EMT Report as incomplete and requests that Defendants Exhibit Number 12 be marked in lieu of Plaintiff's incomplete exhibit. 57. Mark August mobile phone records [AUGUST 1432-1444] Defendants object to Exhibit 57 as lacking foundation, irrelevance and containing hearsay. 58. PUHS Employment Records [AUGUST 669-0738] Defendants object to Exhibit 51 as lacking foundation, irrelevance, containing hearsay and as remote. 59. 60. 61. 62. 63. 64. Drawing number 1 of August house [AUGUST 2031] Drawing number 2 of August house [AUGUST 2030] Photographs of interior of August house taken by police officers on June 10, 2002 [AUGUST 0012 - 0016] Photographs of Sam Hickey taken by Phoenix Police Officers on June 10, 2002 [AUGUST 0005 - 0011] Photographs taken of Dakota August by Phoenix Police Officers on June 10, 2002 [AUGUST 0002 - 0003] Photographs of Teresa August taken by Phoenix Police Officers on June 10, 2002 [AUGUST 0018 - 0026] Defendants object to [August 000021-000022] as cumulative and irrelevant.

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65. 66.

Photographs taken of interior of August home by Defendants' Investigator [AUGUST 1715 - 1742] Stephen G. Brown, M.D.'s Expert Report dated July 28, 2004 (signed version ­ 4 pages) [AUGUST1709 ­ 1712] Defendants object to Exhibit 66 as containing hearsay.

67.

Stephen G. Brown, M.D. Expert Report dated July 28, 2004 (unsigned version ­ 5 pages) Defendants object to Exhibit 67 as containing hearsay.

68.

Stephen G. Brown, M.D. List of Depositions, Arb. Hearings & Trials (5 pages) [AUGUST1709 ­ 1712] Defendants object to Exhibit 68 as containing hearsay and irrelevant.

69.

Stephen G. Brown, M.D. Fee Schedule (1 page) Defendants object to Exhibit 69 as containing hearsay and irrelevant.

70. 71. 72. 73. 74. 75.

Stephen G. Brown, M.D. Curriculum Vitae (3 pages) Jeffeory G. Hynes Expert Report dated July 29, 2004 (34 pages) Jeffeory G. Hynes Curriculum Vitae (13 pages) Michael Carhart, Ph.D. expert report dated August 2, 2004 (9 pages) [AUGUST1695 ­ 1703] Michael Carhart, Ph.D. Curriculum Vitae (3 pages) Michael Carhart, Ph.D. List of Deposition, Arbitration, and Trial Testimony (2 pages) Defendants object to Exhibit 75 as containing hearsay and irrelevant.

76.

Plaintiff's Second Supplement Disclosure Statement (Expert Witness Rebuttal) re: Beth A. Purdy, M.D. dated September 2, 2004 Defendants object to Exhibit 76 as containing hearsay, as irrelevant and lacking foundation.

77.

Beth A. Purdy, M.D. Expert Opinion Report dated September 2, 2004 (1 page) Defendants object to Exhibit 77 as containing hearsay, as irrelevant
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and lacking foundation. 78. Beth A. Purdy, M.D. Curriculum Vitae (3 pages) Defendants object to Exhibit 78 as containing hearsay. 79. Beth A. Purdy, M.D. Special Report Fees/Legal Fees (1 page) Defendants withdraw their previous objection to Exhibit 68. 80. Teresa August Income Tax Returns for years 2000, 2001, 2002, and 2003 received from the IRS [AUGUST2226, 2233, 2236, 2243, 2245, 2252 (redacted), 2271, 2274] (excludes pension income) Status codes prepared by Dan McNamee of Phoenix Police Department Communications Bureau [AUGUST 2495-97] Demonstration of elongation and injury mechanism to the lateral collateral ligament complex [AUGUST 2499] Demonstration of mechanism of lateral epicondyle with demonstration of Plaintiff Teresa August bending and twisting in an effort to resist. [AUGUST2500] Demonstration of mechanism of lateral epicondyle with a demonstration of Plaintiff Teresa August bending over in an attempt to resist [AUGUST2501] Anatomy of the lateral elbow (top diagram) and a lateral view of the elbow demonstrating avulsion of common extensor origin (lower diagram) [AUGUST 2502] Diagram of the "Right Forearm: Anterior View" showing pronator and supinator muscle pathways [AUGUST 2503] Diagram of the "Right Forearm: Posterior (Dorsal) Views" showing anatomy of forearm and extensor muscle pathways [AUGUST2504] Diagram of lateral view of elbow demonstrating bony avulsion of the lateral collateral ligament origin on the lateral epicondyle [AUGUST 2505] List of Reference Materials reviewed and/or relied upon by Michael Carhart, Ph.D. [AUGUST2596] Arizona P.O.S.T. Board Model Lesson Plan for "Control Techniques" [AUGUST 2516 - 2525] Arizona P.O.S.T. Board Model Lesson Plan for "Handcuffing" [AUGUST2506 ­ 2515]

81. 82. 83.

84. 85.

86. 87. 88. 89. 90. 91.

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92.

Defendants' Response to Plaintiff's First Request for Production of Documents Defendants object to Exhibit 92 as containing hearsay, as irrelevant and lacking foundation. Defendants further object to Sergeant Tomory's PSB file as an exhibit. See Defendants' Motion in Limine on PSB Investigation.

93.

Defendants' Response to Plaintiff's First Request for Admissions Defendants object to Exhibit 93 as containing hearsay, as irrelevant and lacking foundation.

94.

Defendants' Response to Plaintiff's First Set of Non-Uniform Interrogatories and Second Request for Production Defendants object to Exhibit 94 as containing hearsay, as irrelevant and lacking foundation.

95.

Defendants' First Supplemental Response to Plaintiff's First Request for Production Defendants object to Exhibit 95 as containing hearsay, as irrelevant and lacking foundation.

96.

Defendants' Informal Supplemental Response to Plaintiff's First Request for Production No. 3 Defendants object to Exhibit 96 as containing hearsay, as irrelevant and lacking foundation.

97.

Defendants' Second Supplemental Response to Plaintiff's 1st Request for Production Defendants object to Exhibit 97 as containing hearsay, as irrelevant and lacking foundation.

98.

Defendants' Third Supplemental Response to Plaintiff's First Request for Production Defendants object to Exhibit 98 as containing hearsay, as irrelevant and lacking foundation.

99.

Defendants' Supplemental Response to Plaintiff's First Non-Uniform Interrogatories and Second Request for Production Defendants object to Exhibit 99 as containing hearsay, as irrelevant and lacking foundation.

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100.

Defendants' Response to Plaintiff's Second Request for Admissions and Non-Uniform Interrogatories Defendants object to Exhibit 100 as containing hearsay, as irrelevant and lacking foundation.

101.

Defendants' Response to Plaintiff's Second Request for Production Defendants object to Exhibit 101 as containing hearsay, as irrelevant and lacking foundation.

102.

Defendants' Response to Plaintiff's Second Non-Uniform Interrogatories Defendants object to Exhibit 102 as containing hearsay, as irrelevant and lacking foundation.

103.

Defendants' Response to Plaintiff's Third Request for Admissions Defendants object to Exhibit 103 as containing hearsay, as irrelevant and lacking foundation.

104.

Defendants' Response to Plaintiff's Third Set of Non-Uniform Interrogatories
Defendants object to Exhibit 104 as containing hearsay, as irrelevant and lacking foundation.

105.

Dr. Brown's December 1, 2004 report [AUGUST 2491-2494]. Defendants object to Exhibit 105 as containing hearsay.

106.

Notice of Claim letter dated November 22, 2002. Defendants object to Exhibit 106 as containing hearsay, lacking foundation, Rule 408, and irrelevance.

107.

Letter from Daniel Treon to Phoenix Police Department dated September 12, 2002 seeking copies of tapes made of radio broadcasts. Defendants object to Exhibit 107 as containing hearsay, lacking foundation and irrelevant. Defendants further object to this exhibit as it was not disclosed pursuant to Rule 26. In addition, Defendants sent Plaintiff a Request for Production on March 16, 2004 asking for "any and all documents received from the City of Phoenix pertaining to this incident pursuant to a public records request, informal requests or any other means." Plaintiff responded on May 21, 2004, that there were "none that have not already been disclosed, including interview transcripts, tapes, the use of force policy and the like." Based on Plaintiff's failure to disclose these exhibits pursuant to Rule 26 or in response to Defendants' Request for Production, this exhibit should be precluded.
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108.

Letter from Daniel Treon to Sgt. Tomory, October 14, 2002. Defendants object to Exhibit 108 as lacking foundation and irrelevant. In addition, Defendants have filed a Motion in Limine regarding the PSB investigation. Defendants further object to Exhibit 108 as duplicative of Plaintiff's Exhibit Number 51.

109.

Memo from Communications Bureau Commander Blake McClellan to Judie Welch of Records and Identification Bureau re unavailability of tape records due to destruction dated September 24, 2002 Defendants object to Exhibit 109 based on foundation, irrelevance, hearsay, failure to disclose under Rule 26, and failure to produce in Response to Defendants' Request for Production of Documents. Defendants further object to this exhibit as it was not disclosed pursuant to Rule 26. In addition, Defendants sent Plaintiff a Request for Production on March 16, 2004 asking for "any and all documents received from the City of Phoenix pertaining to this incident pursuant to a public records request, informal requests or any other means." Plaintiff responded on May 21, 2004, that there were "none that have not already been disclosed, including interview transcripts, tapes, the use of force policy and the like." Based on Plaintiff's failure to disclose these exhibits pursuant to Rule 26 or in response to Defendants' Request for Production, this exhibit should be precluded.

110.

Transcripts of surreptitious tape recordings made by Sgt. Tomory of telephone calls made with Teresa August on July 31, 2002 and with Dan Treon on October 17, 2002 [AUGUST 1743-52]. Defendants object to Exhibit 110 as lacking foundation and irrelevant. In addition, Defendants have filed a Motion in Limine regarding the PSB investigation.

111.

Documents related to PSB investigation produced in Defendants' Supplemental Responses to Plaintiff's First Request for Production, #5 [AUGUST 1620-27]. Defendants object to Exhibit 111 as lacking foundation and irrelevant. In addition, Defendants have filed a Motion in Limine regarding the PSB investigation. Defendants further object to Exhibit 111 as duplicative of Plaintiff's Exhibit Number 92.

112.

Photographs of Teresa August in arm brace [000160 ­ 000166]. Defendants withdraw their previous objections. Defendants instead assert Rule 403.

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DEFENDANTS: 1. Phoenix Police Department Report DR 21067717, and supplements thereto. [AUGUST0027-38, 77, 82, 87] Plaintiff's objection: hearsay, prejudice 2. Superior Court Release Questionnaire regarding State of Arizona v. Teresa August. [AUGUST0078-79] Plaintiff's objection: hearsay, prejudice 3. Photographs of subjects taken by the Phoenix Police Department following the incident. [AUGUST0006, 08, 10, 13-15, 18, 23 & 26]. Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. 4. Phoenix Police Department Communications Bureau CAD printouts regarding the incident. [AUGUST0089-93, AUGUST-BLACK00042] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. 5. Audiotape of the 9-1-1 phone call from Plaintiff's home on June 10, 2002. [AUGUST0074] Plaintiff's objection: hearsay, prejudice; lack of compliance with A.R.S. 13-3989.01(A) failing which no foundation may be laid, even with a person who can identify their voice on the tape {the 9-1-1 operator} as that person can not lay foundation for what happened to the tape between the time the 91-1 call occurred and its being offered at trial. 6. Transcript of the 9-1-1 call for this incident [AUGUST1445 - 56] Defendants conditionally withdraw this exhibit as it is duplicate of Plaintiff's exhibit. 7. Audiotape of interview with Sam Hickey. [AUGUST0073]. Plaintiff's objection: hearsay, foundation, should be only for impeachment 8. Transcript of interview with Sam Hickey. [AUGUST0055-58] Defendants conditionally withdraw this exhibit as it is duplicate of Plaintiff's exhibit.

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9.

Audiotape of recorded communications by Officer Monson during and after Teresa August is placed under arrest. [AUGUST0072]. The parties have stipulated to this exhibit.

10.

Transcript of Officer Monson's recording of Teresa August during incident on 6/10/02. [AUGUST2257 - 69] Defendants conditionally withdrawn this exhibit as it is duplicate of Plaintiff's exhibit.

11.

The Phoenix Police Department Use of Force policy that was in effect on the day of the incident. [AUGUST0152 ­ 170] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

12.

Phoenix Fire Department EMS Incident Report pertaining to Teresa August regarding the subject incident. [AUGUST0115-117] Plaintiff's objection: hearsay, foundation, relevance

13.

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16. 14. 15.

Medical Records from Arizona Heart Hospital with custodian of records affidavit. Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. Medical Records from Maricopa County Medical Center. [AUGUST259- 260] Training Records of Officer Lyle Monson. [AUGUST0171-173] Plaintiff's objection: hearsay, foundation, relevance Training Records of Officer Nicholas Lynde. [AUGUST0174-175] Plaintiff's objection: hearsay, foundation, relevance

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17.

Training Records of Officer Toby Dunn. [AUGUST0176-180] Plaintiff's objection: hearsay, foundation, relevance

18.

Training Records of Officer Robert Griffin. [AUGUST0184-187] Plaintiff's objection: hearsay, foundation, relevance

19.

Patrol Division Worksheet for Officer Lyle Monson [AUGUST2220 ­ 2224] Plaintiff's objection: hearsay, foundation, relevance 15

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20.

Patrol Division Worksheet for Officer Nicholas Lynde [AUGUST2215 - 2219] Plaintiff's objection: hearsay, foundation, relevance

21.

Patrol Division Worksheet for Officer Toby Dunn. [AUGUST2212 ­ 2214] Plaintiff's objection: hearsay, foundation, relevance

22.

Equivalent Value Statement received from Cigna [AUGUST0412 redacted ] Defendants withdraw all but one page that has been redacted as other pages are duplicate of Plaintiff's exhibit.

23.

Minute Entry pertaining to Preliminary Hearing in State of Arizona v. Teresa August, CR20903-009751 [AUGUST0538 - 539] Plaintiff's objection: hearsay, foundation, relevance

24.

C.V. of Commander J. Hynes [AUGUST1668 ­ 1680] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

25.

Report prepared by Commander Hynes with attachments [AUGUST1634 ­ 1667] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

26.

Report of Stephen Brown, M.D. dated July 28, 2004. [AUGUST1709 ­ 1712] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

27.

C.V. of Stephen Brown, M.D. [AUGUST1692 ­ 1694] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

28.

The IME report of Dr. Stephen Brown dated December 1, 2004. [AUGUST2491 - 94] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

29.

Report of Dr. Michael Carhart [AUGUST1695 ­ 1702] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

30.

C.V. of Dr. Michael Carhart [AUGUST1704 ­ 1708] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. 16

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31.

Color photographs taken by Investigative Research, Inc. 7/27/04 of Teresa August's residence [AUGUST1716-1717, 1719-1721, 1729-1733, 1736-1737, 739]. Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

32.

Drawing No. 1 of the residence of Teresa August prepared by Investigative Research, Inc. [AUGUST2031]. Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

33.

Drawing No. 2 of the residence of Teresa August prepared by Investigative Research, Inc. [AUGUST2030]. The parties have stipulated to this exhibit. Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

34.

Phoenix Police Department Law Enforcement Accreditation [AUGUST2151 - 56] Plaintiff's objection: hearsay, foundation, relevance

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35.

Status Codes prepared by Dan McNamee of Phoenix Police Department Communications Bureau. [AUGUST2495-97] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

36.

Photograph of Varus movement of the elbow. [AUGUST2498] Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart.

37.

Demonstration of elongation and injury mechanism to the lateral collateral ligament complex. [AUGUST 2499] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

38.

Demonstration of mechanism of lateral epicondyle with demonstration of Plaintiff Teresa August bending and twisting in an effort to resist. [AUGUST2500]. Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

39.

Demonstration of mechanism of lateral epicondyle with a demonstration of Plaintiff Teresa August bending over in an attempt to resist. [AUGUST2501] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. 17

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40.

Anatomy of the lateral elbow (top diagram) and a lateral view of the elbow demonstrating avulsion of common extensor origin (lower diagram). [AUGUST 2502] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

41.

Diagram of the "Right Forearm: Anterior View" showing pronator and supinator muscle pathways. [AUGUST 2503] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

42.

Diagram of the "Right Forearm: Posterior (Dorsal) Views" showing anatomy of forearm and extensor muscle pathways. [AUGUST2504] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

43.

Diagram of lateral view of elbow demonstrating bony avulsion of the lateral collateral ligament origin on the lateral epicondyle. [AUGUST 2505] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit.

46.

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48. 47.

List of Reference Materials reviewed and/or relied upon by Michael Carhart, Ph.D. [AUGUST2596] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. Article: "Elbow dislocations and instability." D.C. Flanagan and L.D. Kaplan (2004) Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart Article: "Occasional Notes: Varus and Valgus ­ No Wonder They Are Confused." C.S. Houston and L.E. Swischuk (1980) Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart

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49.

Article: "The pathoanatomy of lateral ligamentous disruption in complex elbow instability." McKee, M.D. and E.H. Schemitsch, et al (2003) Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart

50.

Article: "Classification and evaluation of recurrent instability of the elbow." S.W. O'Driscoll (2000)

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Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart 51. Article: "Functional anatomy of the lateral collateral ligament complex of the elbow." A. Seki and B.S. Olsen, et al. (2002) Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart 52. Article: "Elbow Instability." S.W. O'Driscoll (1999) Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart 53. Article: "Hyperextension of the elbow joint: pathoanatomy and kinematics of ligament injuries." S. Tyrdal and B.S. Olsen (1998) Plaintiff's objection: hearsay, foundation, relevance if comes from Carhart 54. Arizona P.O.S.T. Board Model Lesson Plan for "Control Techniques" [AUGUST2516 - 2525] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. 55. Arizona P.O.S.T. Board Model Lesson Plan for "Handcuffing" [AUGUST2506 ­ 2515] Defendants withdraw this exhibit as it is a duplicate of Plaintiff's exhibit. 56. Daniel Treon's letter to Dr. Beth Purdy dated 8/31/04. [BethAPurdyMD- 00049 ­ 51] Plaintiff's objection: hearsay, foundation, relevance 57. Plaintiff's deposition transcript with exhibits. Defendants withdraw this exhibit in compliance with the Court's procedures. 58. Audio and video of Plaintiff's deposition testimony on CD Defendants withdraw the audio portion of this exhibit in compliance with the Court's procedures but retain the video ( visual) portion of Plaintiff's deposition as an exhibit.

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59. 60.

Clips of video recording of Plaintiff's deposition for demonstrative purposes Model of a right elbow for demonstrative purposes. No objection.

61.

Skeleton for demonstrative purposes. No objection.

62.

Dr. Seligson's deposition transcript and CD of video/audio. Defendants withdraw this exhibit in compliance of the Court's procedure.

63.

Sam Hickey's deposition transcript and CD of video/audio Defendants withdraw this exhibit in compliance with the Court's procedure.

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64.

Timeline Plaintiff's objection: hearsay, foundation, relevance

The Court has ordered the parties to confer to insure that no duplicate exhibits are marked. Defendants reserve the right to re-list any exhibit previously listed in the event the Plaintiff does not ultimately mark any exhibit that Defendants have withdrawn to avoid duplication. IMPEACHMENT EXHIBITS: PLAINTIFFS:

Defendants object to all of Plaintiff's Impeachment exhibits based on Plaintiff's lack of disclosure (See Motion in Limine); also, hearsay, relevance, prejudice foundation. 1. Michael Carhart, Ph.D.'s 02/21/2002 deposition testimony in Hess v. EMC Insurance Company (binding arbitration). See objections above. 2. Michael Carhart, Ph.D.'s 03/28/2002 deposition testimony in Brier v. Toyota and State of Arizona, Maricopa County Superior Court Case No. CV1999-005603. See objections above.

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3.

Michael Carhart, Ph.D.'s 04/15/2003 deposition testimony in Koss v. Maricopa County, et al, Maricopa County Superior Court Case No. CV2001-001247. See objections above.

4.

Michael Carhart, Ph.D.'s 08/19/2003 deposition testimony in Chapman v. Morrison-Knudsen, et al, Maricopa County Superior Court Case No. CV2001-008434. See objections above.

5.

Michael Carhart, Ph.D.'s 01/19/2004 deposition testimony in Greenhalgh v. Zurich Insurance (binding arbitration). See objections above.

6.

Michael Carhart, Ph.D.'s 04/19/2004 deposition testimony in Hanson v. James, Maricopa County Superior Court Case. See objections above.

7.

Michael Carhart, Ph.D.'s 04/27/2004 deposition testimony in Wyatt v. Blaser, State of Arizona, et al, Maricopa County Superior Court Case No. CV2002-013631. See objections above.

8.

Michael Carhart, Ph.D.'s 04/29/2004 deposition testimony in Delucchi v. Cardoza Properties, et al, Contra Costa County Superior Court of the State of California Case. See objections above.

DEFENDANTS: 1. 2. 3. 4. 5. Plaintiff's Notice of Claim [AUGUST2593 ­ 2595] The file of Dr. Beth Purdy, plaintiff's expert witness, received in response to subpoena. [BethAPurdyMD-000A ­ 514] Phoenix Police Department DR 12027462 pertaining to "Assault" on 10/29/01, involving Plaintiff. [AUGUST0094 ­ 98] Phoenix Police Department DR 10619511 pertaining to "Attempt Suicide" on 10/13/91, involving Plaintiff. [AUGUST0210-212] Phoenix Police Department DR 40870033 regarding 5/06/04 incident

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involving disruption of education institution. [AUGUST0540 - 45] 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Documents from Maricopa County Superior Court case Pamela Hickey v. Teresa August, DR92-90801 [AUGUST0546 - 563] Audiotape of the recorded telephone calls between Sgt. Tomory to Teresa August and Daniel Treon. [AUGUST1583] Transcript of the recorded telephone call from Sgt. Tomory to Teresa August on July 31, 2002. [AUGUST1744 ­ 52] Transcript of the recorded telephone call from Sgt. Tomory to Dan Treon on October 17, 2002. [AUGUST1743] Sergeant Tomory's Professional Standards Bureau File regarding Teresa August's arrest. [AUGUST1620-1633] Letter written by Daniel B. Treon to Sgt. Tomory regarding Mrs. August's refusal to submit to interview. [AUGUST 0258] Daniel Treon's Response to Defendants' First Request For Admission & NonUniform Interrogatories. [AUGUST2572 ­ 2583] Daniel Treon's Supplemental Response to Defendants' First Request For Admission & Non-Uniform Interrogatories. [AUGUST2584 ­ 2592] Phoenix Police Department DR 10717161, Domestic Violence, pertaining to Mark August. [AUGUST0216 ­ 0222] Phoenix Police Department DR 71908446, Domestic Violence/Criminal Damage, pertaining to Mark August. [AUGUST0232 ­ 0236] Phoenix Police Department DR 21067717 A, Obstructing Governmental Operations, pertaining to Mark August. [AUGUST0254 ­ 0257] Documents from Maricopa County Superior Court Case DR89- 07034, pertaining to the dissolution of marriage of Mark August and Josie Lee August. [AUGUST0564 ­ 0611] Employment file of Mark August from Paradise Valley School District. [AUGUST2280 ­ 2490] Cell phone records for Mark August received from Alltell in response to subpoena. [AUGUST1431 ­ 1444] Deposition transcript and CD Rom of Mark August's deposition testimony in this

18. 19. 20.

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28. 29. 27. 25. 26. 24. 22. 23. 21.

matter. Phoenix Police Department Field Interrogation No. 0202180121 regarding incident involving Plaintiff on 2/18/02. [AUGUST0215] Portions of employment records of Plaintiff received from Phoenix Union High School District in response to subpoena [AUGUST0727-730] Plaintiff's Responses to Defendants' First Request For Admissions and NonUniform Interrogatories. [AUGUST2526 ­ 2533] Plaintiff's Responses to Defendants' First Non-Uniform Interrogatories. [AUGUST2534-2543] Plaintiff's Responses to Defendants' Second Non-Uniform Interrogatories. [AUGUST2544 ­ 2547] Plaintiff's Response to Defendants' First Request For Production.[AUGUST2548 ­ 2553] W-2's for Teresa August for the year 2000, 2001, 2002, and 2003 received from the I.R.S. [AUGUST2226, 2233, 2236, 2243, 2245, 2252 (redacted), 2271, 2274] Letter from Daniel Treon to Scott Steventon dated 9/12/02, at Phoenix Police requesting all recorded radio broadcasts. Memorandum to Judie Welch from Commander Blake McClelland dated 9/24/02, regarding Public Records Request for incident on 6/10/02.

DATED this 14th day of December, 2006. 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 City of Phoenix, Griffin, Dunn, Lynde and Monson Electronically filed and served this 14th day of December, 2006, to: ALL PARTIES ON ELECTRONIC SERVICE LIST
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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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