IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION KMART CORPORATION PLAINTIFF VS. CIVIL ACTION NO.: 1:11-CV-103-GHD-JAD THE KROGER CO., E&A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS, LLC; KANSAS CITY SOUTHERN RAILWAY COMPANY; CITY OF CORINTH; THE UNITED STATES OF AMERICA; JOHN DOE; AND ABC CORPORATION DEFENDANTS RESPONSE IN OPPOSITION TO MOTION IN LIMINE TO EXCLUDE EVIDENCE COMES NOW, Defendant The Kroger Co. (“Kroger”), by and through its counsel of record, and respectfully submits this its Response in Opposition to Motion In Limine to Exclude Evidence and in support thereof states the following, to wit: 1. Kmart Corporation (“Kmart”) argues in its Motion in Limine to Exclude to Exclude Evidence (“Kmart’s Motion”), Doc. No. 352, that what it describes as an “unsigned letter dated September 25, 2010” (the “September 25 Letter”) is due to be excluded “as being not properly authenticated and as constituting inadmissible hearsay.” [Doc. No. 352 at 1] Kmart bases this argument on testimony it obtained from the deposition of the corporate representative of Fulton Improvements, LLC (“Fulton”). [See Doc. No. 353 at 2-4] 2. The September 25 Letter indicates that it is from Melissa Green, whom the letter identifies as a regional human resources director for Kmart Retail, to an unknown employee of Kmart’s store number 4883 located in Corinth, Mississippi. [Exhibit A, exhibit 24 thereto] The September 25 Letter advises that no decision has been made on whether or not this particular store will reopen to the public and that, as an apparent consequence, this employee’s employment with Case: 1:11-cv-00103-GHD-DAS Doc #: 362 Filed: 01/27/14 1 of 5 PageID #: 7056
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION KMART CORPORATION
PLAINTIFF
VS. CIVIL ACTION NO.: 1:11-CV-103-GHD-JAD THE KROGER CO., E&A SOUTHEAST LIMITED PARTNERSHIP; FULTON IMPROVEMENTS, LLC; KANSAS CITY SOUTHERN RAILWAY COMPANY; CITY OF CORINTH; THE UNITED STATES OF AMERICA; JOHN DOE; AND ABC CORPORATION DEFENDANTS
RESPONSE IN OPPOSITION TO MOTION IN LIMINE TO EXCLUDE EVIDENCE
COMES NOW, Defendant The Kroger Co. (“Kroger”), by and through its counsel of
record, and respectfully submits this its Response in Opposition to Motion In Limine to Exclude
Evidence and in support thereof states the following, to wit:
1. Kmart Corporation (“Kmart”) argues in its Motion in Limine to Exclude to Exclude
Evidence (“Kmart’s Motion”), Doc. No. 352, that what it describes as an “unsigned letter dated
September 25, 2010” (the “September 25 Letter”) is due to be excluded “as being not properly
authenticated and as constituting inadmissible hearsay.” [Doc. No. 352 at 1] Kmart bases this
argument on testimony it obtained from the deposition of the corporate representative of Fulton
Improvements, LLC (“Fulton”). [See Doc. No. 353 at 2-4]
2. The September 25 Letter indicates that it is from Melissa Green, whom the letter
identifies as a regional human resources director for Kmart Retail, to an unknown employee of
Kmart’s store number 4883 located in Corinth, Mississippi. [Exhibit A, exhibit 24 thereto] The
September 25 Letter advises that no decision has been made on whether or not this particular store
will reopen to the public and that, as an apparent consequence, this employee’s employment with
Respectfully submitted, THE KROGER CO. By: s/David A. Norris Of Counsel
Edley H. Jones III (MSB No. 3201) David A. Norris (MSB No. 100616) McGLINCHEY STAFFORD, PLLC City Center South, Suite 1100 200 South Lamar Street (Zip - 39201) Post Office Drawer 22949 Jackson, Mississippi 39225-2949 Telephone: (769) 524-2314 Facsimile: (769) 524-2333 [email protected][email protected] Attorneys for The Kroger Co.
CERTIFICATE OF SERVICE
I, the undersigned David A. Norris, McGlinchey Stafford PLLC, hereby certify that on this
day, I electronically filed the foregoing with the Clerk of the Court using the ECF system, which
sent notification of such filing to the following:
Ryan O. Lumainis James M. Garner John T. Balhoff, II SHER GARNER CAHILL RICHTER KLEIN & HILBERT, LLC 909 Poydras Street, 28th Floor New Orleans, LA 70112 Email: [email protected]
Mary Clift Abdalla FORMAN, PERRY, WATKINS, KRUTZ & TARDY, PLLC 200 S. Lamar Street, Suite 100 Jackson, MS 39201 Email: [email protected] Walter G. Watkins , Jr. FORMAN, PERRY, WATKINS, KRUTZ & TARDY, PLLC P.O. Box 22608 Jackson, MS 39225-2608 Email: [email protected] Walter Garner Watkins , III FORMAN, PERRY, WATKINS, KRUTZ & TARDY, PLLC P.O. Box 22608 Jackson, MS 39225-2608 Email: [email protected] Gerald Haggart Jacks JACKS LUCIANO, P.A. P. O. Box 1209 Cleveland, MS 38732-1209 Email: [email protected] Jamie Ferguson Jacks JACKS LUCIANO, P.A. P. O. Box 1209 Cleveland, MS 38732-1209 Email: [email protected] Charles E. Ross WISE, CARTER, CHILD & CARAWAY P. O. Box 651 Jackson, MS 39205-0651 Email: [email protected] Terry Dwayne Little DANIEL, COKER, HORTON & BELL - Oxford P.O. Box 1396 Oxford, MS 38655 Email: [email protected]
Wilton V. Byars , III DANIEL, COKER, HORTON & BELL P.O. Box 1396 Oxford, MS 38655 Email: [email protected] John Evans Gough , Jr. U.S. ATTORNEY'S OFFICE - Oxford 900 Jefferson Avenue Oxford, MS 38655-3608 Email: [email protected] Linda F. Cooper WISE CARTER CHILD & CARAWAY, P.A. P.O. Box 651 Jackson, MS 39205-0651
and I hereby certify that I have mailed by United States Postal Service the document to the
