Toffoloni v. LFP Publishing Group, LLC

Filing 228

OBJECTION by LFP Publishing Group, LLC to the Exhibit List RE: 176 Proposed Pretrial Order (Bauer, S.) Modified on 6/14/2011 to edit event text. (aaq).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
MAUREEN TOFFOLONI,
as Administrator and Personal
Representative of the ESTATE
OF NANCY E. BENOIT,

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)
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Plaintiff,
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vs.
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LFP PUBLISHING GROUP, LLC, )
d/b/a Hustler Magazine.
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Defendant.
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CASE NO. 1:08-cv-00421-TWT

DEFENDANT’S SUPPLEMENTAL OBJECTIONS TO PLAINTIFF’S
EXHIBIT LIST
Per the Court’s direction, Defendant LFP Publishing Group, LLC hereby
respectfully submits this supplemental objection to Plaintiff’s list of documentary
and physical evidence identified at Attachment G-1 to the Pretrial Order [D.I. 176].
Defendant objects to Plaintiff’s exhibits 5, 7, 8, 9, 10, 11, 12, 13, 14 and 15
on the grounds that each is irrelevant and immaterial to any issue in the first phase
of this case, and any probative value such information could possibly have is
clearly outweighed by the unfair prejudice the evidence would cause against
Defendant and the likelihood of jury confusion regarding what evidence is relevant
to the legal measure of damages in this case. Fed. R. Evid. 402 & 403.
[Signature on following page]

Respectfully submitted this 13th day of June 2011.

/s/ S. Derek Bauer
James C. Rawls
Georgia Bar No. 596050
Barry J. Armstrong
Georgia Bar No. 022055
S. Derek Bauer
Georgia Bar No. 042537
Darrell J. Solomon
Georgia Bar No. 305922
McKENNA LONG & ALDRIDGE LLP
303 Peachtree Street, NE, Suite 5300
Atlanta, Georgia 30308
[phone]
[phone] (facsimile)

Attorneys for LFP Publishing Group,
LLC

CERTIFICATE OF SERVICE
This is to certify that I have this day filed the within and foregoing
SUPPLEMENTAL OBJECTIONS TO PLAINTIFF’S EXHIBIT LIST via the
CM/ECF system which will automatically send notification to Plaintiff’s attorneys
of record, who are participants in the CM/ECF system.
This 13th day of June 2011.
/s/ S. Derek Bauer
S. Derek Bauer