Free Amended Document - District Court of Colorado - Colorado

Case 1:03-cv-01041-PSF-BNB

Document 102

Filed 08/26/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-01041-PSF-BNB UNITED STATES OF AMERICA, Plaintiff, v. DAVID B. ST. GERMAIN, and RANDY OVERLEY, Defendants.

Defendant Overley's Submission of Amended Trial Exhibit to be Attached With Final Pretrial Order

The defendant Randy Overley, through his attorneys, Haddon, Morgan, Mueller, Jordan, Mackey & Foreman, P.C., submits the attached Amended Trial Exhibit for inclusion with the proposed final pretrial order, which was filed on August 25, 2005. 1. Mr. Overley submitted as Exhibit B to the proposed final pretrial order his trial exhibit list. At the time the trial exhibit list was filed, two sets of documents did not have Bates numbers. Moreover, Trial Exhibit 48, which was

Case 1:03-cv-01041-PSF-BNB

Document 102

Filed 08/26/2005

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served on plaintiff's counsel on August 25, was inadvertently omitted from the list. 2. The Amended Trial Exhibit List contains these changes: a. Exhibits 21 & 47: In the original Trial Exhibit List, we noted that the Bates numbers were not available for the documents comprising these exhibits. Those numbers have been added. Both exhibits are essentially (i) a chart summarizing numerous documents, and (ii) the documents that were summarized. b. Exhibit 48-51: In the original Trial Exhibit List, Exhibit 48 contained a number of documents that should have been made separate exhibits. The Amended Trial Exhibit List separates those documents into a total of four exhibits. No new documents were added. 3. Exhibits 21, 47-51, as amended, are being delivered via overnight UPS to the parties. 4. We apologize for any confusion. 5. Some of the exhibits designated by the parties are duplicative. Counsel for plaintiff and undersigned counsel anticipate they will confer by

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Case 1:03-cv-01041-PSF-BNB

Document 102

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telephone next week on preparing a joint trial exhibit list for presentation to Judge Figa prior to trial that eliminates duplicative and unnecessary exhibits. 6. Mr. Overley respectfully requests that this Court substitute his Amended Trial Exhibit List for his original exhibit list. Dated: August 26, 2005. Respectfully submitted, HADDON, M ORGAN, M UELLER, JORDAN, M ACKEY & FOREMAN, P.C. s/ Ty Gee Ty Gee 150 East 10th Avenue Denver, CO 80203 (303) 831-7364 facsimile (303) 832-2628 Attorneys for Defendant Randy Overley

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Case 1:03-cv-01041-PSF-BNB

Document 102

Filed 08/26/2005

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Certificate of Service I hereby certify that on August 26, 2005, I electronically filed the foregoing Defendant Overley's Submission of Amended Trial Exhibit to be Attached With Final Pretrial Order with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following e-mail address: Christopher Alberto, Esq. Special Attorney for the United States United States Attorney's Office 1 Courthouse Way, Suite 9200 Boston, MA 02210 [email protected] And I hereby certify that I have mailed or served Defendant Overley's Submission of Amended Trial Exhibit to be Attached With Final Pretrial Order to the following non CM/ECF participant via U.S. Mail: David B. St. Germain 16300 Ledgemont Lane, Unit 2504 Addison, TX 75001 s/ Jennifer Bell

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