Brim v. Dell Financial Services, LLC et alOpposition to reN.D. Ala.February 8, 2011 1137743.1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JAMON T. BRIM, Plaintiff, v. MIDLAND CREDIT MANAGEMENT, INC. and MIDLAND FUNDING, LLC, Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:10-cv-0369-IPJ DEFENDANT’S OBJECTION TO PLAINTIFF’S WITNESS AND EXHIBIT LIST Pursuant to this Court’s Scheduling Order, Defendant Midland Credit Management, Inc. (“Midland”) submits the following objections to the list of witnesses and exhibits filed by Plaintiff (doc. 47): WITNESS LIST 5. Midland reserves the right to object to testimony from the discovery deposition of Angelique Ross once Plaintiff designates portion(s) he expects to offer.1 6. FRE2 402, 403. 1 The deposition was conducted pursuant to the “usual stipulations,” which preserved all objections except those as to privilege or form of the question. 2 “FRE” refers to the Federal Rules of Evidence. FILED 2011 Feb-08 PM 06:04 U.S. DISTRICT COURT N.D. OF ALABAMA Case 5:10-cv-00369-IPJ Document 54 Filed 02/08/11 Page 1 of 4 1137743.1 2 EXHIBIT LIST 1. FRE 402, 403, 901. 7. FRE 402, 403, 802, 901. 8. FRE 402, 403. 9. FRE 402. 16. Midland objects to Bates No. Midland 000017 pursuant to FRE 402 and 403. Moreover, page 000017 is not part of the production notes that Plaintiff identifies as this exhibit. Midland does not object to the production notes, which are Bates Nos. 000014-15. 17. FRE 402, 403. 18. FRE 402, 403, 802. 19-21. FRE 402, 403. 37-75. Midland adopts its objections to certain of these documents, as stated on the record at the trial depositions of Equifax, Trans Union, and Experian.3 77. FRE 402, 403, 802, 901. 78-81. Midland adopts its objections to certain of these documents, as stated on the record at the trial depositions of Equifax and Experian. 3 The transcripts of these depositions have not yet been made available by the court reporter. Case 5:10-cv-00369-IPJ Document 54 Filed 02/08/11 Page 2 of 4 1137743.1 3 Respectfully submitted this 8th day of February, 2011. /s/ Jason B. Tompkins One of the Attorneys for Defendant Midland Credit Management, Inc. OF COUNSEL: Eric B. Langley Jason B. Tompkins BALCH & BINGHAM LLP Post Office Box 306 Birmingham, Alabama 35201-0306 Telephone: (205)251-8100 Facsimile: (205)226-8799 elangley@balch.com jtompkins@balch.com Case 5:10-cv-00369-IPJ Document 54 Filed 02/08/11 Page 3 of 4 1137743.1 4 CERTIFICATE OF SERVICE I hereby certify that on this 8th day of February, 2011, I have filed the above and foregoing with the Clerk of the Court via the CM/ECF electronic filing system, which will send notification to all counsel of record listed below: Penny Hays Cauley HAYS CAULEY PC P. O. Box 509 Darlington, SC 29540 Ronald C Sykstus BOND BOTES SYKSTUS & LARSEN PC 415 Church Street, Suite 100 Huntsville, AL 35801 Leonard A Bennett CONSUMER LITIGATION ASSOCIATES PC 12515 Warwick Blvd, Suite 100 Newport News, VA 23606 /s/ Jason B. Tompkins Of Counsel Case 5:10-cv-00369-IPJ Document 54 Filed 02/08/11 Page 4 of 4