Free Response - District Court of Arizona - Arizona

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Terry Goddard Attorney General Susanna C. Pineda (011293) Assistant Attorney General 1275 W. Washington Phoenix, Arizona 85007-2997 Telephone: (602) 542-4951 Fax: (602) 542-7660 Attorneys for Defendants UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Isadore Baptisto, No. CV03-1393 PHX SRB (DKD) Plaintiff, v. Charles R. Ryan, et al., Defendants. Defendants,1 by and through undersigned counsel, do hereby object to Plaintiff's Motion in Limine seeking the introduction of particular depositions from an unrelated matter (CIV90-1872-PHX-JBM) into evidence in the above-captioned case which is set for trial on February 22, 2006. Plaintiff has never disclosed these depositions. Moreover, the admission of these depositions in and of themselves constitutes hearsay and is clearly inadmissible. Fed. R. Evid. 802. Plaintiff has not and cannot establish how these depositions constitute any exception to the hearsay rule. DEFENDANTS' OPPOSITION TO MOTION IN LIMINE

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Dora Schriro, Conrad Luna, and Barbara Shearer.
Document 99 Filed 02/16/2006 Page 1 of 2

Case 2:03-cv-01393-SRB

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Should Plaintiff choose to call Dr. Bradley Johnson or Dr. Potts, Defendants note that these proposed witnesses have not been disclosed and that Defendants have had no opportunity to prepare for their testimony. RESPECTFULLY SUBMITTED this 16th day of February, 2006. TERRY GODDARD Attorney General

s/ Susanna C. Pineda SUSANNA C. PINEDA Assistant Attorney General Attorneys for Defendant Original and Copy filed this 16th day of February, 2006, with: Clerk of the Court United States District Court District of Arizona 401 West Washington Phoenix, Arizona 85003-2118 Copy mailed the same date to: Isadore Baptisto, ADC #060090 ASPC-Eyman, SMU II P.O. Box 3400 Florence, AZ 85232 Pro Per s/ Colleen Jordan Secretary to: Susanna C. Pineda IDS03-0427/RSK:G03-03725 947632.1

Case 2:03-cv-01393-SRB

Document 99

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Filed 02/16/2006

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