Free Response to Motion - District Court of Colorado - Colorado

Case 1:04-cv-00421-MSK-PAC

Document 74

Filed 01/17/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-00421-MSK-OES CLAIRE FITZGERALD, Plaintiff(s), vs. ALBERTO R. GONZALES, Attorney General, U.S. Department of Justice (Federal Bureau of Prisons), Defendant(s).

DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S EXHIBITS

COMES NOW Defendant Alberto R. Gonzales, Attorney General United States Department of Justice, and for his Response to Plaintiff's Motion to Strike Defendant's Exhibits states as follows: 1. No. 1). request. Plaintiff filed this action on March 8, 2004. (Doc.

She amended her Complaint after numerous delays at her (Doc. Nos. 10, Plaintiff's Unopposed Second Motion to

Postpone Scheduling/Planning Conference and Submission of Proposed Scheduling Order; Doc. No. 22, Plaintiff's Unopposed Motion for a 90-Day Continuance to Retain Counsel and Postponement of Scheduling/Planning Conference; Doc. No. 23, Plaintiff's Motion for Leave to Amend and Supplement Complaint and to Stay the Proceedings in This Case for 90 Days; Doc. No. 35, Plaintiff's First Amended Title VII Complaint and Jury Demand).

Case 1:04-cv-00421-MSK-PAC

Document 74

Filed 01/17/2006

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2.

Before she filed this action, Plaintiff pursued a

lengthy Equal Employment Opportunity Commission (EEOC) matter. The transcript is over 880 pages in length and has numerous exhibits. 3. Plaintiff also filed an action before the Merit Systems

Protection Board (MSPB) concerning the matter before the Court. In addition to four volumes of administrative material, the testimony is over 1500 pages in length. 4. Defendant identified his exhibits in the Final Pretrial (Doc. No. 55). All

Order which was filed on October 18, 2005.

of the exhibits listed by Defendant were exhibits in either the EEOC or the MSPB hearings. Plaintiff. 5. See Exhibit A. Plaintiff has no grounds upon which to claim surprise Copies have now been furnished to

given that she has had access to all of the exhibits which were identified in Defendant's Exhibit List attached to the Final Pretrial Order. 6. Defendant will not object should Plaintiff raise

additional objections at this time to Defendant's Exhibits. Given the circumstances, Plaintiff has not been prejudiced by Defendant's actions because she could ascertain exactly what exhibits were identified by Defendant. For the foregoing reasons, Defendant respectfully requests the Court for an Order denying Plaintiff's Motion to Strike

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Case 1:04-cv-00421-MSK-PAC

Document 74

Filed 01/17/2006

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Defendant's Exhibits and for such other and further relief as the Court may deem just and proper. Respectfully submitted, DAVID C. IGLESIAS United States Attorney s/Phyllis A. Dow PHYLLIS A. DOW Special Attorney District of Colorado Assistant U.S. Attorney P.O. Box 607 Albuquerque, New Mexico 87103 Telephone: (505) 346-7274 FAX: (505) 346-7205 E-mail: [email protected] Attorney for Defendant I HEREBY CERTIFY that on January 17, 2006, I electronically filed with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: Scott Frederick Reese [email protected] Elwyn F. Schaefer [email protected] Michael E. Hegarty [email protected] , and I hereby certify that I have mailed or served the document to the following participants via First Class Mail to: Scot L. Gulick Federal Bureau of Prisons Tower II, 8th Floor 400 State Avenue Kansas City, Kansas 66101-2421 s/Phyllis A. Dow PHYLLIS A. DOW Special Attorney District of Colorado Assistant U.S. Attorney P.O. Box 607 Albuquerque, New Mexico 87103 Telephone: (505) 346-7274 FAX: (505) 346-7205 E-mail: [email protected] Attorney for Defendant
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