Case 3:00-cv-00973-AHN Document 110 Filed O2/16/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
C.A. NO.: 3:00 CV 0973 (AI-IN) (HBP)
TIMOTHY HAYES, )
COMPASS GROUP USA, INC., )
d/b/a EUREST DINING SERVICES )
and CARY ORLANDI, )
DEFENDANTS’ MOTION TO EXCLUDE ALL NON-PARTY WITNESSES
Pursuant to Fed. R. Evid. 615, defendants Compass Group USA, Inc. and Cary Orlandi
request that the Court exclude all non-party witnesses from the courtroom throughout the trial.
Given the nature of the testimony for which several of these witnesses are being offered,
sequestration is appropriate to prevent the influence, either intentional or otherwise, that may
occur if each is allowed to hear the testimony of other witnesses.
"A party’s request to exclude a witness during trial must be granted as a matter of
right, unless the witness sought to be excluded fits into one of three exempted categories."
Bruneau v. South Kortright Central School District, 163 F.3d 749,762 (2d Cir. 1998). The non-
party witnesses in this case do not fall into any of these exempted categories. Rule 615 "seeks to
prevent the ‘tailoring’ of a witness’s testimony to that evidence given earlier in the trial and helps
to uncover fabrication." Q In the instant case, much of the testimony being proffered concems
statements allegedly made by Cary Orlandi and actions taken by him. The potential for the
"tailoring" of testimony, either intentional or unintentional, in this case is significant.
Case 3:00-cv-00973-AHN Document 110 Filed 02/16/2005 Page 2 of 3
WHEREFORE, the Defendants request that the Court EXCLUDE all non-party
witnesses from the courtroom during the trial.
COMPASS GROUP, USA, INC. and
By their attorneys,
Christopher A. Kenney, Fed. Bar # CT25017
Margaret H. Paget, Fed. Bar # CT25016
Sherin and Lodgen LLP
101 Federal Street
Boston, MA 02110
La rence Peikes [5, (D9 (jg
Wiggin & Dana LLP
400 Atlantic Street
P.O. Box 110325
Dated: February 16, 2005 Stamford, CT 06911-03251
Case 3:00-cv-00973-AHN Document 110 Filed 02/16/2005 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that a true copy of the foregoing Defendants’ Motion to Exclude All
Non—Pa1ty Witnesses was served on this 16th day of February, 2005, by Federal Express
overnight delivery on:
Stephen F. McEleney, Esq.
McEleney & McGrail
363 Main Street
Hartford, CT 06106