Saint Louis University v. Meyer

Filing 100

OBJECTION to Pretrial re 82 Exhibit List by Defendant Avis Meyer. Related document: 82 Exhibit List filed by Saint Louis University.(Gill, Brian)

Saint Louis University v. Meyer

Doc. 100

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MISSOURI EASTERN DIVISION SAINT LOUIS UNIVERSITY, a Missouri benevolent corporation, Plaintiff, ) ) ) ) ) ) ) ) ) ) )

Case No. 4:07-cv-01733-CEJ

AVIS MEYER, Defendant.

DEFENDANT'S OBJECTIONS TO PLAINTIFF'S TRIAL EXHIBITS COMES NOW Defendant Avis Meyer, by and through his undersigned counsel and in accordance with this Court's Case Management Order dated February 7, 2008 (d/e 12), does hereby submit his Objections to Plaintiff's Trial Exhibit List, as follows: PLAINTIFF'S EXHIBIT 1 2 3 4 5 6 7 DESCRIPTION Missouri Secretary of State Filing, enclosing Benevolent Corporation Charter of St. Louis University Missouri Secretary of State Filing, Registration of Fictitious Name for "St. Louis University" St. Louis University Internet Homepage Certified letter from F. Janoski to A. Meyer, dated June 22, 2007 Letter from F. Janoski to A. Meyer dated August 16, 2007 Letter from A. Meyer to Missouri Secretary of State dated August 21, 2007 Certificate of Incorporation; Articles of Termination for a Nonprofit Corporation; Articles of Dissolution by Voluntary Action for a Nonprofit Corporation OBJECTION1

Relevancy; Foundation Relevancy; Foundation Relevancy; Foundation

1

Defendant reserves the right to further object to Plaintiff's exhibits to the extent that they are not fully identified by Bates No. references and Defendant has not had an opportunity to review the actual documents.

1
Dockets.Justia.com

8 9

10 11

Letter from F. Janoski to A. Meyer, dated August 30, 2007 Articles of Incorporation and Certificate of Incorporation for The University News, a Student Voice Serving St. Louis University since 1921 Articles of Termination for Nonprofit Corporation, Certificate of Termination Articles of Dissolution by Voluntary Action for a Nonprofit Corporation (file stamped); Letter from Missouri Secretary of State to A. Meyer, dated August 23, 2007 Letter from F. Janoski to m. Moore and B. Gill Relevancy; dated October 11, 2007 enclosing Complaint Foundation Defendant's Answer and Affirmative Defense St. Louis Magazine article, dated August 2007 Relevancy; Foundation; Hearsay Motion of St. Louis University Board of Relevancy; Trustees, dated June 13, 1998, amending Charter Foundation of The University News Charter of The University News Relevancy; Foundation The University News front page and editorial Relevancy; page dated October 2, 1931 Foundation; Hearsay The University News May 4, 2007 edition Relevancy; Foundation; Hearsay Various editions of The University News Relevancy; Foundation The University News Internet Webpage Relevancy; Foundation; Hearsay Transcript, St. Louis On the Air" Radio Program Relevancy; Foundation; Hearsay Email from SLU Office of the President to SLU Relevancy; students, faculty, and staff, dated March 14, Foundation; Hearsay 2008, "President's Monthly Message" Facebook postings re SLU v. Meyer dated Relevancy; November 24, 2007 to December 1, 2007 Foundation; Hearsay Blog posted March 21, 2008, "Lawrence Biondi, Relevancy; S.J. gets drunk and writes a love letter to all his Foundation; Hearsay haters" Blog posted May 2, 2007, "media shit storm" Relevancy; Foundation; Hearsay Email from S. Sidak to J. Fowler, dated Relevancy; November 26, 2007 Foundation; Hearsay Email from K. Lewis to K. Porterfield, cc: A. Relevancy; 2

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

28 29

Clifton dated May 4, 2007 Email from A. Mayer to B. Supiano dated March 21, 2008, attaching draft Charter of The University News Email from R. Otto to J. Hunger, cc: D. Benanti, K. Porterfield, and J. Weixlmann, dated January 3, 2007 St. Louis University Information Technology Appropriate Use Policy, effective July 1, 2005 Missouri Secretary of State File, for "Martha's Colonial Ice Cream and Candy Shoppe" Demonstrative Exhibits

Foundation; Hearsay Relevancy; Foundation; Hearsay Relevancy; Foundation; Hearsay Relevancy; Foundation Relevancy; Foundation Relevancy

30 31 31

Defendant reserves the right to assert additional grounds for objection depending upon the use of the exhibit at trial and any rulings of the Court. Respectfully Submitted, POLSTER, LIEDER, WOODRUFF & LUCCHESI, L.C. By: s/Brian J. Gill Brian J. Gill, MoBar. #57,324 Nelson D. Nolte 12412 Powerscourt Drive, Suite 200 St. Louis, Missouri 63131-3615 [phone] [phone] (fax) E-mail: [e-mail] ATTORNEYS FOR DEFENDANT

3

CERTIFICATE OF SERVICE I hereby certify that on January 12, 2009, the foregoing was filed electronically with the Clerk of Court to be served by operation of the Court's electronic filing system upon the following: Frank B. Janoski, #3480 Bridget Hoy, #109375 Lewis, Rice & Fingersh, L.C. 500 North Broadway, Suite 2000 St. Louis, Missouri 63102 T [phone] F [phone] ATTORNEYS FOR PLAINTIFF s/Brian J. Gill

4