Free Objections - District Court of Colorado - Colorado

Case 1:04-cv-01325-WYD-MJW

Document 56

Filed 11/14/2005

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 04-cv-01325 ­ WYD - MJW

BARBARA SMITH, Plaintiff, v. AVAYA INC., a Delaware Corporation, Defendant. ______________________________________________________________________________ DEFENDANT'S OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS ______________________________________________________________________________ COMES NOW Defendant Avaya Inc. ("Defendant" or "Avaya"), through its attorneys and pursuant to Fed.R.Civ.P. 26(a)(3)(C), and respectfully submits the following Objections to Plaintiff's Trial Exhibits, which were served on October 31, 2005: Exhibit Number 3 7 13 15 16 17 19 and 21 Description of Exhibit December 11, 2002 email. Performance Review Summary. June 12, 2002 email. March 26, 2002 email. June 8, 2001 memorandum. January 17, 2001 email. June 18, 2001 email. Basis for Objection FRE 802 ­ Hearsay. 402-403 Relevance. FRE 802 ­ Hearsay. 402-403 Relevance. FRE 802 ­ Hearsay. 402-403 Relevance. FRE 802 - Hearsay. 403 Relevance. FRE 802 ­ Hearsay. 402-403 Relevance. FRE 802 ­ Hearsay. 402-403 Relevance. FRE 802 ­ Hearsay. 402-403 Relevance. FRE FRE FRE FRE 402FRE FRE FRE

Case 1:04-cv-01325-WYD-MJW

Document 56

Filed 11/14/2005

Page 2 of 3

22 23 24 25 26 27 29 30 and 32 31

Series of emails. November 9, 2000 email exchange. August 2000 letter and attachment. September 24, 1996 letter. March 17, 1997 letter. March 11, 1997 letter. December 3, 2002 email. December 3, 2002 email. November 26, 2002 email.

33 and 35 34, 37, 39 and 40 36 and 38 50

November 26, 2002 email. November 21, 2002 email. November 22, 2002 email. Various documents apparently related to FMP process.

51

Materials related to former Avaya employee

52

Materials related to former Avaya employee

FRE 802 ­ Hearsay. FRE 402-403 Relevance. FRE 802 ­ Hearsay. FRE 402-403 Relevance. FRE 802 ­ Hearsay. FRE 402-403 Relevance. FRE 802 ­ Hearsay. FRE 402-403 Relevance. FRE 802 ­ Hearsay. FRE 402-403 Relevance. FRE 802 ­ Hearsay. FRE 402-403 Relevance. FRE 802 ­ Hearsay. FRE 802 ­ Hearsay. FRE 802 ­ Hearsay. FRE 402-403 ­ Confusion ­ document appears to be incomplete. FRE 802 ­ Hearsay. FRE 802 ­ Hearsay. FRE 802 ­ Hearsay. FRE 403 ­ Likely to confuse. This exhibit contains numerous unnumbered documents that do not appear to have been generated at the same time and may be unrelated. FRE 802 ­ Hearsay. FRE 403 ­ Likely to confuse. This exhibit contains numerous unnumbered documents that do not appear to have been generated at the same time and may be unrelated. FRE 802 ­Hearsay. FRE 403 ­ Likely to confuse. This exhibit contains numerous unnumbered documents that do not appear to have been generated at the same time and may be unrelated. FRE 802 ­Hearsay.

2

Case 1:04-cv-01325-WYD-MJW

Document 56

Filed 11/14/2005

Page 3 of 3

Respectfully submitted this 14th day of November, 2005.

/s/ Patrick J. Miller Patrick J. Miller SHERMAN & HOWARD, L.L.C. DC BOX 12 633 Seventeenth Street, Suite 3000 Denver, CO 80202 Tel: (303) 297-2900 Fax: (303) 298-0940 Attorneys for Defendant Avaya Inc.

CERTIFICATE OF SERVICE (CM/ECF) I hereby certify that on November 14, 2005, I electronically filed the foregoing DEFENDANT'S OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS with the Clerk of the Court using the CM/ECF system which will send notification of such filing to Plaintiff's counsel: George C. Price, Esq. 900 Logan Street Denver, CO 80203 [email protected] /s Cheryl D. Witt

3