MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Filing 21

MASSIE et al v. GOVERNMENT OF THE DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA

Doc. 21 Att. 1

TAB 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA, Plaintiff, v. PHILIP MORRIS USA INC. (f/k/a PHILIP MORRIS INCORPORATED), et al., Defendants. ) ) ) ) ) ) ) ) ) )

Civil Action No. 99-CV-2496 (GK) Next Court Appearance: Trial (ongoing)

DEFENDANTS' OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS IDENTIFIED ON JANUARY 31, 2005 RELATED TO GRAHAM READ U.S. EXHIBIT NO.
20,182

EVIDENTIARY OBJECTIONS
FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Merryman on 11.08.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 901 (multiple documents in one exhibit) FRE 802 FRE 805 FRE 901 (illegible) FRE 403 (cumulative -- previously submitted through Merryman on 11.08.04) FRE 602 (foundation -- author and date of document unknown) FRE 802/805 (document quotes from article) FRE 901 (incomplete document; complete copy provided to plaintiff) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reynolds on 12.06.04 as US Ex. 31,044. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.)

20,243 20,250 20,263 20,269 20,275 20,477

TRIALDOCS - 299.01

Dockets.Justia.com

U.S. EXHIBIT NO.
20,594

EVIDENTIARY OBJECTIONS
FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Proctor on 11.19.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reynolds on 12.06.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Sandefur on 12.13.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 401, 402, 403 (document deals exclusively with BATCo's involvement in markets other than the U.S. (most notably Africa) as evidenced by the title of this document: "Developing Country Issues Qs and As". This document, therefore, has no connection to the RICO claims in this action.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reynolds on 12.06.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Biglan on 1.03.05. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reif on 10.25.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reif on 10.25.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Jones on 1.17.05. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 802 (respondents' answers to survey are hearsay) FRE 401, 402, 403 (Document deals exclusively with marketing in the Japanese cigarette market, and is thus without any nexus to the US or the allegations in this case) FRE 802 (respondents' answers to survey are hearsay) FRE 802 (respondents' answers to survey are hearsay) FRE 802 (respondents' answers to survey are hearsay) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Gesell on 11.29.04 and Reynolds on 12.06.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.)

20,846

20,872

20,930

21,645

21,681

21,787

21,788

21,973

22,079 22,081

22,082 22,083 22,763

2
TRIALDOCS - 299.01

U.S. EXHIBIT NO.
28,153

EVIDENTIARY OBJECTIONS
FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously admitted pursuant to Order # 874 as US Ex. 54,212. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 401, 402, 403 (This 1992 draft document relates solely to the European cigarette market, and thus, has no nexus to the US market, as evidenced by its title: "E.C. Cigarette Warning Label 'Smoking Causes Addiction.'") FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reynolds on 12.06.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) Order 471B (Document is neither cited in Mr. Read's testimony nor plaintiff's findings of fact, and is therefore presumptively inadmissible.) FRE 802 (Contrary to plaintiff's claims, this document can not be deemed a party admission under FRE 801(d)(2) because it was not authored by a party to the present action.) FRE 401, 402 (Document merely contains attorney's summary of certain US lawsuits and EPA risk assessment, and is therefore irrelevant to any of plaintiff's allegations in this case. Plaintiff has further failed to show how this out of court communication -- from Shook Hardy & Bacon to BATCo -reveals any "coordination" between BATCo and any other defendant regarding ETS in the present action. Moreover, Mr. Read's testimony has no relevance to plaintiff's ETS claims in this case.) FRE 901 (multiple documents labeled as one exhibit) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reynolds on 12.06.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 401, 402 (Statements made by non-party Souza Cruz are irrelevant to plaintiff's allegations in this case) FRE 901 (incomplete document; provided plaintiff with complete copy) Order 471B (Presumptively inadmissible. Although cited in plaintiff's findings of fact, it is incorrectly cited as being an R.J. Reynolds document. Since this exhibit is not discussed in the designated testimony of Mr. Read it should be excluded.) FRE 901 (incomplete document; provided plaintiff with complete copy) Order 471B (Document is neither cited in plaintiff's findings of fact nor the designated testimony of Mr. Read, and is therefore, presumptively inadmissible) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously admitted pursuant to Order #874.) FRE 901 (illegible) FRE 901 (incomplete document) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously admitted pursuant to Order # 839)

29,354 31,044

31,725

34,187 34,585

34,812 34,858 36,327

47,539 47,593 50,315 53,986 53,993 54,049

3
TRIALDOCS - 299.01

U.S. EXHIBIT NO.
54,180 76,170

EVIDENTIARY OBJECTIONS
FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Christopher Proctor on 11.19.04) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Henningfield on 11.15.04 (as US Ex. 34,799) and Ivey on 11.08.04 (as US Ex. 34,799). Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Henningfield on 11.15.04 (as US Ex. 20,268). Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Merryman on 11.08.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Reynolds on 12.06.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) Order 471B (Presumptively inadmissible. Although cited in plaintiff's findings of fact, it is incorrectly cited as being an R.J. Reynolds document. Since this exhibit is not discussed in the designated testimony of Mr. Read it should be excluded.) FRE 602 (No foundation laid that this draft document was ever used publicly) FRE 401, 402, 403 (Statements regarding tobacco ingredients permitted for use in the European Union, regulation of tobacco ingredients by EU member countries, and disclosure of tobacco ingredients to the European community pursuant to foreign law are irrelevant to plaintiff's claims in this action.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Burger on 1.03.05. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 802 Hearsay; FRE 401, 402, 403 (Irrelevant -- non party document; neither BAT Industries plc. nor British American Tobacco plc are defendants in this case) FRE 802 Hearsay; FRE 401, 402, 403 (Irrelevant -- non party document; neither BAT Industries plc. nor British American Tobacco plc are defendants in this case) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Brookes on 11.29.04. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.)

76,173

76,174

76,192

85,341

85,342 85,343

4
TRIALDOCS - 299.01

U.S. EXHIBIT NO.
85,344 85,488

EVIDENTIARY OBJECTIONS
FRE 602 (Because no foundation has been laid that this internal BAT document was ever used publicly, it is irrelevant to plaintiff's claims in this case.) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: previously submitted through Sprinkle on 1.03.05. Since this exhibit is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 802, 805; FRE 401, 402, 403 (Article from periodical "The Guardian" and statements contained therein are hearsay, see ACLU v. City of Las Vegas, 13 F. Supp.2d 1064, 1070 (D. Nev. 1998) (newspaper article containing defendant's statements excluded on grounds of unreliability and hearsay); statement contained in article is attributed to non-party BAT Industries.) FRE 802, 805; FRE 401, 402, 403 (Article from periodical "The Guardian" and statements contained therein are hearsay, see ACLU v. City of Las Vegas, 13 F. Supp.2d 1064, 1070 (D. Nev. 1998) (newspaper article containing defendant's statements excluded on grounds of unreliability and hearsay); statement contained in article (which is cited in plaintiff's findings of fact) is attributed to non-party BAT Industries.) FRE 901 (incomplete document; complete copy provided to plaintiff) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence -document is included in US Ex. 85,450, submitted with Graham Read on 1.31.05) FRE 403 (Waste of Time, Needless Presentation of Cumulative Evidence: This exhibit was previously submitted with Dunn on 12.13.04. Since this document is not discussed in the designated testimony of Mr. Read there is no need to submit this exhibit again and, therefore, it should be excluded under FRE 403.) FRE 901 (incomplete document; complete copy provided to plaintiff)

86,883

86,884

87,120

88,548

88,765

5
TRIALDOCS - 299.01