Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

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Case 3:00-cv-00973-AHN Document 104 Filed 02/1 p
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UNITED STATES DISTRICT COURT
DISTRICT or cormscrrcur my Q
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C.A. NO.: 3:00 CV 0973 (Al!fE£')·°('FiQi*)‘"`$ .
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TIMOTHY HAYES, )
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Plaintiff, )
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v. )
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COMPASS GROUP USA, INC., ) .
d/b/a EUREST DINING SERVICES ) .
and CARY ORLANDI, ) .
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Defendants. ) `
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DEFENDANTS’ OPPOSITION T0 PLAINTIFF’S MOTION IN LIMINE
TO LIMIT TESTIMONY OF ANDREA HAYES
Defendants Compass Group USA, Inc. d/b/a Eurest Dining Services ("Compass") and J
Cary Orlandi oppose plaintiff, Timothy Hayes’ (“Hayes") Motion in Limine to exclude testimony `
about the relationship between Hayes and his current wife, Andrea Hayes prior to their marriage.
Hayes has identified Andrea Hayes as one of his witnesses. His relationship with her began as ‘
an extra-marital affair while they both worked at Compass. In fact, Compass seeks to introduce ‘
evidence showing that Mr. Hayes improperly influenced hiring decisions affecting Andrea
Hayes. Compass expects that it will be necessary to introduce evidence concerning Hayes’s Q
relationship to Andrea Hayes before they were married for the following purposes: l) to show f
Andrea Hayes’s bias in favor of her husband; 2) to rebut Hayes’s claim of emotional distress,
and 3) to demonstrate Hayes’s poor overall management and leadership in his position, which i
Hayes disputes.
Defendants anticipate that Andrea Hayes will testify about Hayes’s alleged emotional
distress following his termination and the effect that the alleged discrimination had upon him.
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Case 3:00-cv-00973-AHN Document 104 Filed O2/17/2005 Page 2 of 2 I
The Defendants are entitled to fully cross—exa;mine Andrea and to impeach her before the jury. I
SE Fed. R. Evid. 611(b). The Defendants should be allowed to offer evidence of Andrea
Hayes’s bias and should be permitted to show that Hayes had significant stressors in his life {
other than any stress he claims to have suffered at the hands of his employer (including the
extramarital affair with Andrea Hayes). ln addition, Compass expects the evidence to show that `
the circumstances surrounding the formation of this relationship, including the fact that Hayes I I
was Andrea Hayes’s superior at Compass, show Hayes’s poor performance as a Regional 1
Manager. E
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The Plaintiff s Motion should be denied, because it is improper for the Court to limit a `
witness’s testimony in a way that deprives Compass a right to fully cross-examine and impeach I
one of the plaintiffs witnesses.
WHEREFORE, the Defendants request that the Court DENY plaintiff s motion I
in limine regarding the testimony of Andrea Hayes. j
COMPASS GROUP, USA, INC. and
CARY ORLANDI, I
By their attorneys,
Christoph§§A. Kenney, Fed. Ear # CT25017
Margaret H. Paget, Fed. Bar # CT25016 Q
Sherin and Lodgen LLP i
101 Federal Street i
Boston, MA 02110
(617) 646-2000
-and-
Lawrence Peikes
Wiggin & Dana LLP
400 Atlantic Street .
P.O. Box 110325 E
Dated: February 16, 2005 Stamford, CT 06911-03251 j
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