Free Objections - District Court of Delaware - Delaware

Case 1 :07-cv-00640-GIV|S—I\/I PT Document 30 Filed 10/27/2005 Page 1 0f 3
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
NEW CENTURY MORTGAGE CORP., )
) CASE NO. 05(32370
Plaintiff, )
) Judge Coax
v. )
‘ ) PLAINTIFF’S OBJECTION TO THE
GREAT NORTHERN INSURANCE ) OF AFFIDAVIT OF DANIEL J.
COMPANY, FEDERAL INSURANCE ) CUNNINGHAM
COMPANY, )
)
Defendants. )
)
10~ms·o12-10126xzoos-is17;:2.1

Case 1:07-cv—00640-G|V|S—IV|PT Document 30 Filed 10/27/2005 Page 2 of 3
I. CHUBB RELIES ON INADMISSIBLE DOCUMENTS
A. Chubb Has Failed to Authenticate Any of the Documents that Chubb Has
Attached to Chubb’s Exhibit 4; as a Result, the Documents Attached to
Chubb’s Exhibit 4 -—— Documents "A" Through "U” — Lack Foundation and
Are, Therefore, inadmissible
At paragraph 6 of the Cunningham Affidavit, Mr. Cunninghain testifies that “Attached
hereto as Exhibit 4 is a true and correct copy of Plaintiff s Responses to Defendants First Set of
Requests for Admission submitted by NCMC in the Minnesota Action. Exhibit 4 includes a
complete set of the exhibits addressed by the requests for admission? Mr. Cunningham lays no
foundation for his assertion that the exhibits Chubb has inserted after Exhibit 4——denoininated as
Exhibits "A” through “U"-e-are the documents referenced in Chubb’s requests for admission.
More important, however, is that even if Chubb had laid a proper foundation for Mr.
Cunninghanfs conclusion that Exhibits "A" through “U" are "addressed” by Chubb’s requests
for admission, the documents would not be authenticated because there is nothing in NCMC’s
discovery responses stating that authentic copies of the documents are attached.
As a result, NCMC objects to Documents "A" through “U," which are attached to
Chubb’s Exhibit "A" to its Appendix of Exhibits, on the ground that the documents lack
fotmdation and are therefore inadmissible for any purpose.
B. Documents "A" Through "U” to Chnbb’s Exhibit 4 Contain Inadrnissible
Hearsay on Which Chubb Relics for the Truth of the Matter
Even were documents “A" through “U” to Chubb’s Exhibit 4 properly authenticated, the
documents are still inadmissible. On each occasion Chubb relies upon one of these documents in
Chubb’s Statement of Facts, Chubb relies upon the document for the truth of the matter stated in
the document. Fai;). R. Evil). 802. Many ofthe statements upon which Chubb relies are multiple
hearsay, as the documents repeat or contain allegations. Yet Chubb relies on the purported truth
of these allegations repeatedly in its Statement of Facts. As a result, these documents are
inadmissible hearsay.
C. The Minnesota State District Court’s March 18, 2005 Order Is Irrelevant
and Has No Probative Value
Chubb relies on Exhibit l to the Cunningham Affidavit, the Minnesota State District
Court’s March 18, 2005 order of dismissal for inconvenient venue, to attack the merits of
NCMC’s case. The March l8, 2005 Court Order, however, is inadmissible for this purpose. in
fact, the State of Minnesota District Court expressly concludes that:
H)465-013-10/26/2005-l51752.1 1

Case 1:07-cv—00640-G|V|S—lV|PT Document 30 Filed 10/27/2005 Page 3 of 3
Because the Court tinds on the threshold question that it is not equitable to try this
matter in Minnesota, it does not enter formal findings on this issue or any ofthe
other issues presented in the crossnnotions for summary judgment.
Accordingly, Exhihit 1 is irrelevant and should be excluded as its prejudice outweighs its
probative value. The Minnesota Action was dismissed and the case was re-tiled in Illinois. This
is not in dispute as NCMC tiled the Illinois action. Thus, there is no probative value in attaching
the order, other than to prejudice the Court, making the exhibit irrelevant. FED. R. EVID. 402 and
403.
Dated: October 27, 2005 NEW CENTURY MORTGAGE
CORPORATION
By: s/Eric R. Little
One of Their Attorneys
Bart T. Murphy, Esq. (IL Bar 6181 l78) David A. Gauntlett, Esq.
WILDMAN, HARROLD, ALLEN Eric R. Little, Esq.
& DIXON LLP James A. Lowe, Esq.
2300 Cabot Dr., Ste. 455 GAUNTLETT & ASSOCIATES
Lisle, IL 60532 18400 Von Kerman, Suite 300
Tel/Fax (630) 955—6392/(630)955—0662 Irvine, CA 926l2
Tel/Fax (949) 553—lO10/(949) 553-2050
Attorneys for Plaintiffs
§0465-013-10/26/2005451752.1 2

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