Free Other Notice - District Court of Arizona - Arizona

EXHIBIT 6
THE NELCELA PARTIES’ ADDITIONAL JOINT TRIAL EXHIBITS
· . The Joint Parties’
Exhlblt D€S9¥`lPll9U Objections
No. 7
650 Hearing Transcript from the Temporary Restraining Order Relevance j
Hearing in state court, day one (May 29, 2001) Hearsay i
F Failure to designate page
A J and line number* J
651 Hearing Transcript from the Temporary Restraining Order Relevance
Hearing in state court, day two (June 4, 2001) Hearsay I
Failure to designate page i
and line number* ;
652 Deposition Transcript of Mary Gerdts (Volume I) dated Failure to designate page
April 20, 2005 and line number*
653 Deposition Transcript of Mary Gerdts (Volume II) dated Failure to designate page
October 19, 2005 and line number*
654 Deposition transcript of Ramana Malladi dated Failure to designate page
September 7, 2005 and line number*
655 Deposition transcript of Douglas McKinney dated Failure to designate page
April 28, 2005 and line number*
656 Deposition transcript of Gene Clothier (from the state court Hearsay
action) dated December 13, 2004 Relevance I
Failure to designate page y
and line number"‘ I
657 Deposition transcript of Gene Clothier (federal, Volume I) Failure to designate page
dated April 25, 2005 and line number* (
658 Deposition transcript of Gene Clothier (federal, Volume II) Failure to designate page I
dated September 27, 2005 and line number*
1
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. . The Joint Parties’ i
Exhlblt Description Objections
No. i
659 Deposition transcript of Danielle Huffman (from the state Hearsay ;
court action, Volume I) dated December 13, 2004 Failure to designate page
and line number*
660 Deposition transcript of Danielle Huffman (from the state Hearsay
i court action, Volume ll) dated October 17, 2005 ` Failure te designate page $
and line number*
661 Deposition transcript of Danielle Huflinan Failure to designate page
(federal, Volume I) dated September 28, 2005 and line number*
662 Deposition transcript of Danielle Huffman Failure to designate page i
(federal, Volume Il) dated October 17, 2005 and line number* Q
663 Deposition transcript of Charles Anderson Failure to designate page ‘ A
and line number* f
664 January 2006 "Settlement Agreement and Release" by the Relevance
Joint Parties Rule 403
665 Addendum/Amendment/ Supplement to Joint Parties’ Relevance
Settlement Agreement dated 2006 Rule 403 E
January 27, 2006 letter to Rick Halloran from Veronica Hearsay
Manolio requesting additional information from Post’s Relevance
expert, Robert Zeidman, used in his analysis Rule 403
667 November 28, 2006 letter from Kimberly Demarchi Hearsay
regarding use of expert witness Kevin Faulkner Relevance r
Rule 403
668 November 29, 2006 response letter by Veronica Manolio to Hearsay
Kimberly Demarchi regarding use of Kevin Faulkner and Relevance
availability of deposition(s) Rule 403
669 December 7, 2006 letter from Richard Halloran regarding Hearsay 7
l depositions/ experts Relevance A
Rule 403 r
670 December 11, 2006 response letter from Veronica Manolio Hearsay
to Richard Halloran regarding depositions/ experts Relevance
Rule 403
671 December 13, 2006 email from Richard Halloran with Hearsay i
attached proposed Stipulation Relevance K
Rule 403
2
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. . The Joint Parties’
Exhibit Description Objections ;
N0. g
672 December 13, 2006 response email from Veronica Manolio Hearsay
( to Richard Halloran regarding proposed Stipulation Relevance
Rule 403
673 Any deposition of any party in this case, taken in this matter, Failure to adequately I
that may have inadvertently been overlooked or describe exhibit in order
inadvertently not included prior, including exhibits thereto to permit Joint Parties to
object; objections are
_ hereby preserved
674 { Post lntegrations’ disclosed Source Code ` Duplicate of Joint Parties’
g (approximately 21 CDs) exhibit
Confidentiality must be
maintained pursuant to
Court’s order
675 Original Lexcel floppy disks from 1994/1995 (3 floppies) Duplicate of Joint Parties’ J
exhibit
Confidentiality must be J
maintained pursuant to j
Cou1t’s order (
676 Lexcel, lnc’s. disclosed Source Code (several CDs) Duplicate of Joint Parties’ J
exhibit T
, Confidentiality must be J
maintained pursuant to
Court’s order ‘
677 MTSl’s disclosed Source Code (approximately two CDs) Duplicate of Joint Parties’
exiiibii 3
Confidentiality must be ?
maintained pursuant to J
Court’s order J
67 8 Nelcela’s disclosed Source Code (several CDs) Duplicate of Joint Parties’
exhibit f
Confidentiality must be
maintained pursuant to
p Court’s order
l 679 l "Comparison of Exhibit 307" Report by Kevin Faulkner Failure to timely disclose (
i dated January 6, 2006, including back—up documentation expert or permit his
deposition
Foundation i
Hearsay
3 J
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. . The Joint Pai“ties’
Exhlblt Description Objections
No.
680 Addendum Report of Kevin Faulkner of Protiviti dated from Failure to timely disclose
November 6, 2006 (in response to both the "Addendu1n expert or permit his
Report" and the "Redline Report" by Robert Zeidman) deposition
Foundation
Hearsay ¥
681 Visa Regulations (Bates Stamped NEL06542- NEL06704) Foundation
Relevance
Hearsay i
682 Deposition Transcript of Flora "Pete" Kubitz (Bates Stamped i Hearsay
NEL06959-NEL07080) Relevance
Rule 32 g
Failure to designate page ;
and line number*
683 Deposition Transcript of Carl Kubitz (Bates Stamped Hearsay
NEL06825-NEL0695 8) Relevance (
» Rule 32 {
Failure to designate page i
and line number*
684 Lexcel Message re: PC Switch (Bates Stamped LSl0060l) Foundation
Hearsay i
· . Relevance
685 -end Demonstrative Exhibit(s), which may be used at trial but The Joint Parties reserve
cannot presently be defined (See, “Exhibits" portion of Joint their right to obj ect to i
Pretrial Order and agreement ofparties.) demonstrative exhibits
that are later disclosed.
* The Joint Parties are unable to determine what objections they might have because of (
Nelcela’s failure to designate a specific portion of the listed transcript. The Joint Parties hereby $
preserve their right to object to any and all portions of the listed transcript once those specihc
portions are identified. .
4
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Case 2:02-cv-01954-MHM

Document 445-2

Filed 02/26/2007

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Case 2:02-cv-01954-MHM

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Case 2:02-cv-01954-MHM

Document 445-2

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Case 2:02-cv-01954-MHM

Document 445-2

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