Free Motion to Strike - District Court of Arizona - Arizona

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Russell A. Kolsrud, #004578 Brad M. Thies, #021354 N ORLING, K OLSRUD, S IFFERMAN & D AVIS, P.L.C. 16427 N. Scottsdale Road, Suite 210 Scottsdale, Arizona 85254 (480) 505-0015 Attorneys for Defendants IN THE UNITED STATES DISTRICT COURT

7 DISTRICT OF ARIZONA 8 Shannon Michael Clark, 9 Plaintiff, 10 v. 11 ValueOptions, Inc., 12 Defendant. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants Dr. Thomas Nathan Crumbley ("Crumbley") and Karen Lynette Marshall ("Marshall") (collectively "Defendants"), through counsel, hereby respectfully request that the Court issue an order striking the Affidavit by Lisa Harnack ("Harnack Affidavit"). Specifically, the Affidavit is based on unreliable information, lacks foundation, is irrelevant, contains inadmissible hearsay and impermissively advances improper legal conclusions and expert opinions. The Harnack Affidavit was apparently mailed to the Clerk of the United States District Court on or about September 26, 2006. [Doc. 268]. A cursory review of the Affidavit clearly reveals various sworn statements that lack reliability, foundation, contain inadmissible hearsay, advance inadmissible opinions and legal conclusions and contain expert opinions which the declarant is not qualified to make. [Id]. ValueOptions MOTION TO STRIKE AFFIDAVIT OF LISA HARNACK Case No. CIV-03-1344-PHX-EHC (HCE)

previously filed motions to strike the affidavits of Michael Robinson, which set forth legal tenets and arguments directly applicable to the Harnack Affidavit. [Doc. 163 & 208]. In particular, the Harnack Affidavit made conclusory statements advancing opinions reserved

Case 2:03-cv-01344-EHC-HCE

Document 286

Filed 11/09/2006

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for experts by asserting a layperson's belief about the adequacy of mental health assessments. [Doc. 268, ¶¶ 52-55]. Additionally, numerous paragraphs contain

inadmissible hearsay. [Id, ¶¶ 2, 21, 27 & 42]. Simply put, evidentiary obstacles to the statements that form the basis of the entire Harnack Affidavit are obvious and numerous and support its being stricken from the record. Based on the foregoing, Defendants request that this Court strike the Harnack Affidavit for the reasons set forth above as justified by the legal authorities previously cited in the motions to strike filed by ValueOptions. DATED this 9th day of November, 2006. NORLING, KOLSRUD, SIFFERMAN & DAVIS, P.L.C.

By:____/s/ Brad M. Thies Russell A. Kolsrud Brad M. Thies Attorneys for Defendants Original of the foregoing e-filed with the Clerk and Copy hand-delivered this 9 th day of November, 2006, to: The Honorable Earl H. Carroll United States District Court 401 West Washington Street Phoenix, AZ 85003 The Honorable Hector C. Estrada United States District Court 405 West Congress Street Tucson, AZ 85701 Copy of the foregoing mailed this 9th day of November, 2006, to: Shannon M. Clark #113372 ASPC-Tucson-Santa Rita P.O. Box 24406 Tucson, Arizona 85734-4406 Plaintiff pro per /s/ Pam Whitmore

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Case 2:03-cv-01344-EHC-HCE

Document 286

Filed 11/09/2006

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