Free Trial Brief - District Court of Arizona - Arizona

ATTACHMENT TO PLAINTIFF CONNIE PAPPAS'S TRIAL BRIEF Pappas v. JSB Holdings, Inc. - Case No. CV-03-1449-PHX-PGR DEFENDANT'S RENUMBERED TRIAL EXHIBITS: Exhibit No. 20 21 Description of Defendant's Exhibit Application for Employment of Connie Pappas - JSB00001-3 November 29, 2000 document signed by Connie Pappas and Kim Ferguson - JSB00004 Acknowledgment of receipt and under- standing of R&D Specialty/ Manco, Inc. manual signed by Connie Pappas - JSB 000048 Plaintiff's Objections No Objection. Rule 402, relevance, Rule 403, confusing, prejudice outweighs any probative value, Rule 802, Hearsay. Foundation. No Objection

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Documents taken from JSB personnel Rule 402, Relevance, Rule 403, cumulative, confusing, Rule 802, files by Connie Pappas - JSB00049Hearsay, Rule 802, Further, 59 plaintiff objects to the extent this exhibit offered on affirmative defense of "after-acquired evidence," the affirmative defense was not disclosed until June 1, 2006, after plaintiff's counsel alerted defendant's counsel that defendant was in default for failure to file answer to plaintiff's first amended complaint filed two and one-half years ago. FRCP 12, 15, 26, and 37. Plaintiff stipulated to filing of the tardy Answer because the standards for setting aside a default were likely met, but did not stipulate to the content of the answer.

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Connie Pappas loan application dated May 5, 2002 - JSB00060-63 Employee notes dated April 7, 2003 JSB00064 JSB Holdings, Inc. Transactions by payroll item - JSB00065-69 Charge of discrimination filed by Connie Pappas dated February 19, 2003 - JSB 00071

Relevance, Rule 402, cumulative, confusing, Rule 403, Hearsay, Rule 802 No Objection Rule 402, Relevance, Rule 403, confusing to jury, Rule 802, Hearsay. Rule 402, Relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, cumulative, prejudicial, other claims alleged not to be tried may be confusing to jury, Rule 802 Hearsay Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, cumulative, prejudicial, other claims alleged not to be tried may be confusing to jury, Rule 802 Hearsay Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, prejudicial, confusing to jury, Rule 802 Hearsay

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Charge of discrimination filed by Connie Pappas dated February 19, 2003 - JSB 00072-75

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Intake questionnaire - JSB00072-75

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Intake notes - JSB00076-79

Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, prejudicial, confusing to jury, Rule 802 Hearsay Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, prejudicial, confusing to jury, Rule 802 Hearsay Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, prejudicial, confusing to jury, Rule 802 Hearsay Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, prejudicial, confusing to jury, inadmissible pursuant to Beachy v. Boise Cascade Corporation, 191 F.3d 1010, 1015 (9th Cir. 1999), Rule 802 Hearsay

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Correspondence from EEOC to Ms. Pappas dated April 11, 2003 JSB00080

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Correspondence from EEOC to Ms. Pappas dated May 16, 2003 JSB00081

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EEOC Dismissal and Notice of Suit Rights dated April 11, 2003 JSB000822-83

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Equal Opportunity Commission agreement of disclosure executed by Connie Pappas dated May 16, 2003 JSB00084

Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, prejudicial, confusing to jury, inadmissible pursuant to Beachy v. Boise Cascade Corporation, 191 F.3d 1010, 1015 (9th Cir. 1999), Rule 802 Hearsay Rule 402, relevance, EEOC proceedings are jurisdictional only. Defendant's have not alleged that plaintiff failed to exhaust administrative remedies, Rule 403, prejudicial, confusing to jury, inadmissible pursuant to Beachy v. Boise Cascade Corporation, 191 F.3d 1010, 1015 (9th Cir. 1999), Rule 802 Hearsay Rule 402, Relevance, Rule 403, cumulative, confusing to jury, prejudicial, Rule 802, hearsay. Rule 402, Relevance, unemployment insurance payments received is collateral source and not mitigating income, Rule 403, confusing to jury, prejudicial, Rule 802, hearsay Rule 402, relevance, Rule 403, cumulative, Rule 802, Hearsay.

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Notice of charge of discrimination dated June 9, 2003 - JSB00065

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DES general adjudication JSB00086 Notice of reduction for wages JSB00087

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Transcriptive hearing before the Honorable Steven Schwartz administrative law judge dated April 14, 2003 pp.12-13, ll.24-25; p.14, ll.11-14; p.15, ll.1-7; pp.15-16, ll.1514; p.17, ll.5-24; p.18, ll.8-17 JSB00088-160 Medical records relating to Connie Pappas from Dr. Parker - JSB00161181

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No Objection

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Prescription records relating to Connie Pappas - JSB00182-186

Rule 401, Relevance as to medications not prescribed for stress-related symptoms, Rule 402, non-related medications could confuse jury.

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Information Handbook for employees No Objection of R&D Specialty/Manco, Inc. manual signed by Connie PappasJSB00005-47

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