Free Errata - District Court of Colorado - Colorado

Case 1:04-cv-01849-MSK-MEH

Document 365

Filed 03/30/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 04-cv-01849-MSK-MEH CAVITAT MEDICAL TECHNOLOGIES, INC.

Plaintiffs, v. AETNA, INC., Defendants.

OBJECTIONS TO AFFIDAVITS FILED BY AETNA IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (DKT # 257) ___________________________________________________________________ COMES NOW Plaintiff CAVITAT MEDICAL TECHNOLOGIES, INC. ("Cavitat") by and through its counsel, Carlos F. Negrete, hereby objects to the Affidavits filed as Exhibits "B" (Affidavit of Bill Wolfe, DDS), Exhibit "C" (Affidavit of David W. Regiani, DDS), Exhibit "D" (Affidavit of Stuart W. Titus, PhD.) and Exhibit "E" (Affidavit of James Bronson, DDS) submitted in support of Aetna, Inc.'s ("Aetna") Motion for Summary Judgment (DKT #257) on the following grounds: 1. With the exception of David Regiani, DDS, affiants were not disclosed as witnesses in the initial and/or supplemental Disclosures under Rule 26 or responses to Interrogatories Aetna to Cavitat;

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Case 1:04-cv-01849-MSK-MEH

Document 365

Filed 03/30/2006

Page 2 of 3

2.

The existence of the Affidavits were not disclosed to Cavitat by Aetna either in its Rule 26 disclosures or responses to interrogatories and request for production of documents.

3.

The affidavit of David W. Regiani, DDS, by its own indication was obtained, and thereby withheld, for months.

4.

The affidavits were obtained by means of intimidation, coercion, harassment, misrepresentations and threats.

5.

The affidavits are defective on their face in that they are not properly notarized.

WHEREFORE, Cavitat prays that the objections be sustained and the affidavits be stricken.

Respectfully submitted, March 24, 2006 LAW OFFICES OF CARLOS F. NEGRETE

By: ________s/ Carlos F. Negrete___
Carlos F. Negrete, Esq. CARLOS F. NEGRETE 27422 Calle Arroyo San Juan Capistrano, CA 92675-2747 Telephone: (949) 493-8115 Fax: (949) 493-8170 e-mail: [email protected]

Attorney for Plaintiff,
CAVITAT MEDICAL TECHNOLOGIES, INC.

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Case 1:04-cv-01849-MSK-MEH

Document 365

Filed 03/30/2006

Page 3 of 3

CERTIFICATE OF SERVICE The undersigned hereby certifies that on this 24th day of March, 2006, he electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail address: [email protected] [email protected] [email protected] [email protected] A copy of this motion was delivered by e-mailed this day to: Robert Jones aka Bob Jones at [email protected] Cavitat Medical Technologies, Inc. at [email protected]

________s/ Carlos F. Negrete_____ Carlos F. Negrete

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