Sprint Communications Company LP v. Vonage Holdings Corp., et al

Filing 319

OBJECTION(S) to 289 Witness List, 291 Exhibit List by Sprint Communications Company LP. (Attachments: # 1 Exhibit A (Specific Objections to Vonage's Exhibits))(Seitz, Adam)

Sprint Communications Company LP v. Vonage Holdings Corp., et al

Doc. 319

Case 2:05-cv-02433-JWL

Document 319

Filed 08/22/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS SPRINT COMMUNICATIONS COMPANY L.P., ) ) Plaintiff, ) ) v. ) ) VONAGE HOLDINGS CORP., ) VONAGE AMERICA, INC., ) ) Defendants. ) )

Case No. 05-2433-JWL

PLAINTIFF SPRINT COMMUNICATIONS COMPANY L.P.'S OBJECTIONS TO VONAGE'S EXHIBIT LIST AND VONAGE'S WITNESS LIST Pursuant to Fed. R. Civ. P. 26 and 32 and the Final Pretrial Order (Doc. 207) entered in this matter, Plaintiff files these objections to Vonage's designation of trial witnesses and exhibits. Plaintiff reserves the right to object to any additional exhibits and witnesses added by Vonage. Plaintiff also reserves the right to object to exhibits that Vonage has not yet produced to Sprint. Plaintiff expressly reserves all objections under Federal Rules of Evidence 402 and 403 pursuant to Fed. R. Civ. P. 26(a)(3). Reserving its objections under Fed. R. Evid. (FRE) 402-403, as permitted by Fed. R. Civ. P. 26(a)(3), Plaintiff makes the following objections: GENERAL OBJECTIONS Plaintiff generally objects to each and every exhibit listed by Vonage to the extent addressed by a Motion in Limine filed by Plaintiff. Plaintiff also objects to each and every exhibit listed by Vonage regarding the JCS-2000 system on the grounds that such exhibit(s) are not relevant and, therefore, inadmissible under FRE 402. Finally, Plaintiff objects to each

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Case 2:05-cv-02433-JWL

Document 319

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exhibit identified by Vonage that was not produced pursuant to discovery requests or that was identified for the first time in connection with Vonage's § 282 Notice. EXHIBITS Sprint's objections to the exhibits identified by Vonage are set forth in Exhibit A. Sprint reserves the right to object to any exhibits identified by Vonage at a later date. TRIAL WITNESSES Plaintiff objects to the Vonage's identification of Massoud Kamali on its witness list. Pursuant to an earlier agreement by the parties, Vonage was to notify Sprint by April 16, 2007, as to whether it would call Mr. Kamali at trial so that Sprint would have the opportunity to depose Mr. Kamali. Vonage did not provide Sprint with any notice that it intended to call Mr. Kamali at trial and, accordingly, Sprint withdrew its deposition subpoena to Mr. Kamali. Because Vonage did not identify Mr. Kamali pursuant to the parties' earlier agreement, Vonage should be precluded from calling him at trial. Sprint reserves the right to object to specific portions of Vonage's witnesses testimony including, but not limited to, the reasons set forth in Sprint's Motions in Limine. Dated: August 22, 2007 Respectfully Submitted, _/s/ Adam P. Seitz______________________ B. Trent Webb, KS Bar No. 15965 Eric A. Buresh, KS Bar. No. 19895 Adam P. Seitz, KS Bar No. 21059 SHOOK HARDY & BACON L.L.P. 2555 Grand Blvd. Kansas City, Missouri 64108-2613 816-474-6550 Telephone [phone] Facsimile ATTORNEYS FOR PLAINTIFF SPRINT COMMUNICATIONS COMPANY L.P.

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Case 2:05-cv-02433-JWL

Document 319

Filed 08/22/2007

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CERTIFICATE OF SERVICE I hereby certify that on this 22nd day of August, 2007, a copy of PLAINTIFF SPRINT COMMUNICATIONS COMPANY L.P.'S OBJECTIONS TO VONAGE'S EXHIBIT LIST was e-filed with the Court, which sent notice to the following:

Don R. Lolli Patrick J. Kaine Dysart Taylor Lay Cotter & McMonigle P.C. 4420 Madison Avenue Kansas City, Missouri 64111 Patrick D. McPherson Patrick C. Muldoon Barry Golob Duane Morris LLP 1667 K. Street N.W. Washington, DC 20006-1608 Attorneys for Defendants Vonage Holdings Corp. and Vonage America, Inc.

/s/ Adam P. Seitz_________________ Attorneys for Sprint Communications Company L.P.

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