Free Response - District Court of Connecticut - Connecticut

Case 3:00-cv-00973-AHN Document 108 Filed 02/16/2005 Page 1 of 3
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
C.A. NO.: 3:00 CV 0973 (AI-IN) (HBF)
THVIOTHY HAYES, )
)
Plaintiff )
)
v. )
)
COMPASS GROUP USA, INC., )
d/b/a EUREST DINING SERVICES)
and CARY ORLANDI, )
)
Defendants. )

OBJECTION TO PLAINTIFF’S DESIGNATION OF TESTIMONY
FROM THE DEPOSITION OF STEVEN GABER
Pursuant to Fed. R. Civ. P. 32(b) the defendants obj ect to the plaintiff’s designation of
testimony from the deposition of Steven Gaber, taken on April 25, 2001, as evidence in support
of his case-in-chief at the trial of this case. Mr. Gaber is a Human Resources Director with
Eurest Dining Services and he is a non-party witness to this proceeding.
Pursuant to Fed. R. Civ. P. 32(a)(2), "[t]he deposition of a party or of anyone who at the
time of the taking of the deposition was an officer, director, or managing agent, or a person
designated under Rule 30gb )( 6) or 3l(a) to testify on behalf of a public or private corporation,
partnership or association, or governmental agency which is a party may be used by an adverse
party for any purpose." (Emphasis added). Mr. Gaber is not a party to this proceeding; nor is he
an officer, director, or managing agent, or a person designated to testify on behalf of the
defendant, Compass Group USA, Inc. Under Rule 32, therefore, his deposition testimony may
only be used to impeach his testimony at trial. E Fed. R. Civ. P. 32(a)(l).
{00053426.ooc x}

Case 3:00-cv-00973-AHN Document 108 Filed 02/16/2005 Page 2 of 3
WHEREFORE, the Defendants request that the Court limit the use of the deposition
testimony of Steven Gaber pursuant to Fed. R. Civ. P. 32.
COMPASS GROUP, USA, INC. and
CARY ORLANDI,
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
(617) 646-2000
0+ ·`/M
La rence Pe1kes (3
Wiggin & Dana LLP
400 Atlantic Street
P.O. Box 110325
Dated: February 16, 2005 Stamford, CT 06911-03251
{00053486.ooc /}
2

Case 3:00-cv-00973-AHN Document 108 Filed 02/16/2005 Page 3 of 3
CERTIFICATE OF SERVICE
This is to certify that a true copy of the foregoing Objection to Plaintiffs Designation of
Testimony From the Deposition of Steven Gaber 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
awrence Peike