Almer v. Peanut Corporation of America

Filing 288

Almer v. Peanut Corporation of America

Doc. 288 Att. 4

EXHIBIT D
Dockets.Justia.com

From: Brian Toder [[e-mail]] Sent: To: Cc: Monday, September 17, 2007 9:59 AM Timothy M Reynolds; Andrew Mohraz Carol Dawson

Tim, I have just now gone through your Exhibit List and here is our position:

Plaintiffs' Exhibit
No. 1 No. 2 No. 3 Hearsay - prepared in anticipation of litigation. Hearsay - prepared in anticipation of litigation. Need witness for foundation and authenticity. We categorically object to having 700 pages of documents going in as one single exhibit. We demand witnesses for all these documents with respect to foundation and authenticity. Objection - we also object to this on the grounds of relevance. These documents are hearsay and require a witness for foundation and authenticity . Objection - we also object to this because defendant did not download any MP3 sound recordings on February 20, 2005. Objection - regarding foundation and authenticity-requires Objection - We require a charter witness. Hearsay - we require a charter witness. Hearsay - a charter witness is required. Objection - hearsay, require a witness. No objection. Hearsay No objection if it is exactly the one that defendant drew. Objection - hearsay, prepared in anticipation of litigation. Hearsay - we require Jacobson live-prepared in anticipation of litigation. (We a witness.

NO.4

No. 5 Nos. 6-11

No. 12

No. 13 No. 14 No. 15 No. 16 No. 17 No. 18 No. 19 No. 20 No. 21 No. 22

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are not certain we ever got this from you.) No. 23 No. 24 No. 25 No. 26 No. 27 No. 28 No. 29 No. 30 Objection - relevance. Foundation - authentication-witness required. No objection. No objection. No objection. We have not seen any demonstrative exhibits. No comment required. Plaintiffs' have already seen Defendant's Exhibit and Witness List.