Free Response to Motion - District Court of Arizona - Arizona

. * FILED LOD
____ R ——. GED
• ECEM/Eg E COPY
l Debra Jrlka
ms w. sa Ave OCT 0 5 2005
2 Mesa, Arizona, 85202 CLERK U S
480-969-7263 ‘ . DfSTa:o—; ,
n 3 BY p PJSTRIQT GF Am2(g`r$`UHT
oeauw ‘
4 IN THE UNITED STATES DISTRICT COURT
5 FOR THE DISTRICT OF ARIZONA
6
7 Debra Jilka, ) CASE NUMBER CII/-03-1369-PHX-B/[EIM
Plainrifg )
8 ) PLAINTIFF’S RESPONSE TO
vs. ) DEFENDANT DRIVETIME
9 ) AUTOMOTIVE GROUPS MOTION
DriveTime Automotive Group ) TO STRIKE AFFIDAVIT OF
10 aka Ugly Duckling Corporation, ) CHRIS ROMAN O
Defendant, )
1 1 )
12
13 Plaintii}, Debra Jilka, hereby requests the court to deny Defendant DriveTime Automotive
14 Group’s, aka Ugly Duckling Corp (“DriveTi1ne") Motion to strike Affidavit of Chris Romano.
15 Defendant raises many arguments to strike Mr. Romano’s Amdavit none of which are valid.
16 Defendant alleges that Mr. Romano does not meet the requirements to bring forth an
17 affidavit of his recollections and knowledge of events while Plaintiff was employed with
18 DriveTime. Defendant listed (1) Mr. Romano was not disclosed on a witness list, (2) it prejudices
19 DriveTime’s ability to examine Mr. Romano on his accusations, (3) is not based entirely on Mr.
20 Romano’s personal knowledge, and (4) several statements contained in Mr. Romano’s affidavit
21 purport to explain conduct and thoughts of individuals other then Chris Romano.
22 Mr. Romano is bound by marital community and is therefore considered as a "Real Party
23 in Interest." Plaintilf has allowed him to testify on the stated issues (i.e. Aflidavit) under the
24 Federal Spousal/Marital Privilege and would not require him to be listed as a witness. Defendant
25 DriveTime knew of Mr. Romano’s relationship with Ms. Jillca and chose not to Depose him.
26 Plaintiff should not be held responsible for Defendant not fully completing their discovery of all
27 relevant infomiation. Every statement was written by Mr. Romano and is based directly from bis
28 knowledge of Ms. Leatherman when she was his supervisor both by her actions and &om
Case 2:03-cv-01369-IVIHIVI Document 113 Filed 10/05/2005 Page 1 of 2

1 information gathered while he was employed at DriveTime. None of Mr. R0mano’s statements
2 are false or inaccurate to his knowledge nor do they attempt to explain the thoughts of others,
3 they are Mr. Romano’s opinions based on his direct knowledge. Mr. Romano has been an
4 integral part of this lawsuit and has rights, responsibilities, and ultimately a liability in the outcome
` 5 of this action.
6 Mr. Romano’s Atiidavit should be considered as evidence since he is considered party and
7 Plaintiif should not be penalized for Defendant’s error by not deposing him.
8 For the foregoing reasons, Plaintiif respectfully asks the court to deny Defendant’s Motion
9 to Strike the Aflidavit of Chris Romano and consider his sworn testimony in P1aintiff’s Response
10 to Deny Defendant’s Motion for Summary Judgment.
ll I
12
13 DATED this {day of 2 j 2005.
14 A
15 /‘_""
16 Debra J Plaintiff
ms w. 6*** Ave
i 17 Mesa, AZ 85202
480—969—'/263
18 ~
19
20
21 ORIGINAL Bled this date
22
23 COPY of the foregoing mailed
24 this 5 day of 2005
25 to: William R. Hayden
Elizabeth A. Petersen
26 Robert Vaught
_ Snell and Wilmer, L.L.P.
27 One Arizona Center
400 E. Van Buren
28 Phoenix, Arizona 85004-2202
- g ,
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Case 2:03-cv-01369-MHM

Document 113

Filed 10/05/2005

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Case 2:03-cv-01369-MHM

Document 113

Filed 10/05/2005

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