Martinez et al v. Continental Tire The Americas, LLC

Filing 740

ORDER REGARDING OBJECTIONS AND PROPOSED CORRECTIONS TO THE COURT'S FINAL EXHIBIT LIST by District Judge Kea W. Riggs. The Court's Exhibit Reconciliation List attached to this Order as "Exhibit A" is ADOPTED as an Order of the Court. The Court SHALL ENTER its amended final exhibit list which reflects these amendments. (ve)

Case 1:17-cv-00922-KWR-JFR Document 740 Filed 12/19/22 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IRMA MARTINEZ, FELIPE MARTINEZ,
LARRY MUNN, JOSE PRIETO, and
LEE HUNT, as Personal Representative of
the Estate of ABEL PORTILLO, Deceased,
Plaintiffs,
v.

No. 1:17-cv-00922-KWR-JFR

CONTINENTAL TIRE THE AMERICAS,
LLC, an Ohio Limited Liability Company,
Defendant.
ORDER REGARDING OBJECTIONS AND PROPOSED
CORRECTIONS TO THE COURT’S FINAL EXHIBIT LIST
THIS MATTER came before the Court on Plaintiffs’ Amended Objections/Proposed
Corrections to the Court’s Final Exhibit List [Doc. 716] (Doc. 733) and Defendant’s Proposed
Corrections to the Court’s Final Trial Exhibit List (Doc. 734). The Court having reviewed and
taken under advisement counsel’s proposed corrections and objections regarding the Court’s
Final Exhibit List (Doc. 716) and having prepared its own Exhibit Reconciliation List (attached
to this Order as “Exhibit A”),
HEREBY FINDS AND ORDERS THAT its Exhibit Reconciliation List is HEREBY
ADOPTED as an Order of the Court.
IT IS FURTHER ORDERED THAT the Court SHALL ENTER its amended final
exhibit list which reflects these amendments.
IT IS SO ORDERED.

_____
KEA W. RIGGS
UNITED STATES DISTRICT JUDGE

Case 1:17-cv-00922-KWR-JFR Document 740 Filed 12/19/22 Page 2 of 5

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
IRMA MARTINEZ, FELIPE MARTINEZ,
LARRY MUNN, JOSE PRIETO, and LEE HUNT,
as Personal Representative
of the Estate of ABEL PORTILLO, deceased,
Plaintiffs,
vs.

No. 1:17-cv-00922-KWR-JFR

CONTINENTAL TIRE THE AMERICAS, LLC,
an Ohio Limited Liability Company,
Defendant.
EXHIBIT RECONCILIATION LIST
Plaintiff’s Amended Objections and Proposed Corrections
EXHIBIT
Pltf 4c

Pltf 4d

Pltf 5d

Pltf 7

Pltf 50bb
Pltf 50cc

OUTCOME OF EXHIBIT RECONCILIATION
This exhibit was referenced as admitted on July 18, 2022, but there is no record
of it being admitted in the transcript summary of admitted exhibits. Counsel
stipulated to its admissibility but neither counsel formally moved for admission
of the exhibit in open court. No correction shall be made.
(See Transcript of Trial Proceedings, Vol. 1 (Doc. 711), Page 124, Line 14
to Page 125, Line 1).
This exhibit was briefly referred to during trial on July 19, 2022, but neither
counsel formally moved for its admission in open court and there is no record
of it being admitted in the transcript summary of admitted exhibits. No
correction shall be made.
(See Transcript of Trial Proceedings, Vol. 1 (Doc. 711), Page 127, Lines 1011).
This exhibit was shown during trial on July 18, 2022, but not admitted. This
will be corrected on the Court’s Amended Final Exhibit List. A correction
shall be made.
(See Transcript of Trial Proceedings, Vol. 1 (Doc. 711), Page 83, Line 17).
This exhibit was offered during trial on July 19, 2022, but the Court sustained
objections and this exhibit was not admitted. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 402, Line 17
to Page 403, Line 4).
This exhibit was admitted correctly. The duplicate entry will be removed. A
correction shall be made.
This exhibit was admitted correctly. The duplicate entry will be removed. A
correction shall be made.

Exhibit A

Case 1:17-cv-00922-KWR-JFR Document 740 Filed 12/19/22 Page 3 of 5

Pltf 61a-f

Def 1001a

Def 11791188

Def 1191,
p. 5

Def 1286

Def 1316

Def 1344

Def 1360

Def 1376

Def 1377

These exhibits were offered during trial on July 20, 2022, but the Court
sustained objections and these exhibits were not admitted. A correction shall
be made.
(See Transcript of Trial Proceedings, Vol. 3 (Doc. 713), Page 613, Line 5 to
Page 614, Line 17).
This exhibit was first shown and offered during trial on July 18, 2022, and
referred to as admitted by counsel, but counsel formally moved for its
admission in open court on July 19, 2022, by stipulation. A correction shall be
made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 318, Line 17
to Page 319, Line 2).
-and- (See Transcript of Trial Proceedings, Vol. 8 (Doc. 726), Page 1871,
Line 14 to Page 1872, Line 2).
These exhibits were admitted as Plaintiff’s consolidated exhibit, Exhibit 11c on
July 19, 2022. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 394, Line 20
to Page 396, Line 22).
This exhibit was offered and admitted during trial on July 27, 2022. The
‘admitted’ column was missing a check mark which has been corrected; all
other information was correctly listed on the Court’s Final Exhibit List. A
correction shall be made.
(See Transcript of Trial Proceedings, Vol. 8 (Doc. 725), Page 1600, Lines 310).
This exhibit was offered during trial on July 19, 2022, but the Court sustained
objections and it was not admitted. The exhibit was noted as ‘admitted’ on the
Court’s Final Exhibit List incorrectly. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 316, Line 11).
This exhibit was offered during trial on July 19, 2022, but the Court sustained
objections and it was not admitted. The exhibit was noted as ‘admitted’ on the
Court’s Final Exhibit List incorrectly. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 317, Lines 310).
This exhibit was referred to during trial on July 19, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 6 (Doc. 723), Page 1211, Lines
16-17 and Page 1235, Lines 22-23).
This exhibit was referred to and offered during trial on July 26, 2022, but only
page 60 was admitted. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 7 (Doc. 724), Page 1413, Lines 814).
This exhibit was referred to during trial on July 25, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 6 (Doc. 723), Page 1252, Lines 45).
This exhibit was referred to during trial on July 25, 2022, but was not admitted.
A correction shall be made.

Case 1:17-cv-00922-KWR-JFR Document 740 Filed 12/19/22 Page 4 of 5

Def 1502

Def 1562

(See Transcript of Trial Proceedings, Vol. 6 (Doc. 723), Page 1252, Lines
13-14).
This exhibit was referred to during trial on July 25, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 7 (Doc. 724), Page 1444, Line 4).
Exhibit was referred to during trial on July 25, 2022, with pps. 181-182, 184185, and 291 being admitted. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 317, Line 24
to Page 318, Line 4).

Defendant’s Objections and Proposed Corrections
Pltf 5d

Pltf 7

Pltf 9c

Pltf 23

Pltf 49t

Pltf 49v

Pltf 49w

Def 1004

Def 1019

This exhibit was shown during trial on July 18, 2022, but not admitted. This
will be corrected on the Court’s Amended Final Exhibit List. A correction
shall be made.
(See Transcript of Trial Proceedings, Vol. 1 (Doc. 711), Page 83, Line 17).
This exhibit was offered during trial on July 19, 2022, but the Court sustained
objections and this exhibit was not admitted. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 402, Line 17
to Page 403, Line 4).
This exhibit was offered during trial on July 27, 2022, and consolidated into a
brand-new exhibit, Exhibit 81. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 8 (Doc. 725), Page 1645, Lines
13-22).
Defense counsel objected to the admission of this exhibit stating that it was
never admitted. The exhibit was introduced, offered, and admitted into evidence
during trial on July 19, 2022. No correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 394, Line 8 to
Page 394, Line 19).
This exhibit was discussed during trial on July 28, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 9 (Doc. 726), Page 1869, Line 12
to Page 1870, Line 6).
This exhibit was discussed during trial on July 28, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 9 (Doc. 726), Page 1869, Line 12
to Page 1870, Line 6).
This exhibit was discussed during trial on July 28, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 9 (Doc. 726), Page 1869, Line 12
to Page 1870, Line 6).
This exhibit was discussed during trial on July 18, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 1 (Doc. 711), Page 146, Line 6).
This exhibit was listed correctly on the Court’s Final Exhibit List. Counsel
stated that Exhibit 1019a was omitted but there is no Exhibit 1019a.
No correction shall be made.

Case 1:17-cv-00922-KWR-JFR Document 740 Filed 12/19/22 Page 5 of 5

Def 11791188

Def 1192,
pg. 6

Def 1270,
pps. 48, 57,
67, 108, and
112
Def 1286

Def 1316

Def 1344

Def 1377

Deft 1580

Deft 1581

(See Transcript of Trial Proceedings, Vol. 8 (Doc. 725), Page 1598, Lines
14-17).
These exhibits were admitted as Plaintiff’s consolidated exhibit, Exhibit 11c on
July 19, 2022. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 394, Line 20
to Page 396, Line 22).
This exhibit was offered during trial on July 27, 2022, and admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 8 (Doc. 725), Page 1599, Lines
13-22).
This exhibit was offered during trial on July 28, 2022, and admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 9 (Doc. 726), Page 1700, Lines 25
to Page 1701, Line 5,; Page 1706, Lines 2-8; Page 1748, Lines 15-21).
This exhibit was offered during trial on July 19, 2022, but the Court sustained
objections and it was not admitted. The exhibit was noted as ‘admitted’ on the
Court’s Final Exhibit List incorrectly. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 316, Line 11).
This exhibit was offered during trial on July 19, 2022, but the Court sustained
objections and it was not admitted. The exhibit was noted as ‘admitted’ on the
Court’s Final Exhibit List incorrectly. A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 2 (Doc. 712), Page 317, Lines 310).
This exhibit was referred to during trial on July 19, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 6 (Doc. 723), Page 1211, Lines
16-17 and Page 1235, Lines 22-23).
This exhibit was referred to during trial on July 25, 2022, but was not admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 6 (Doc. 723), Page 1252, Lines
13-14).
This exhibit was offered during trial on July 28, 2022, and admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 9 (Doc. 726), Page 1701, Lines 612).
This exhibit was offered during trial on July 28, 2022, and admitted.
A correction shall be made.
(See Transcript of Trial Proceedings, Vol. 9 (Doc. 726), Page 1701, Lines 612).