Here is Docket #53 in the Bed Bug lawsuit against Charlottesville Super 8 Motel (Civ. No.: 3:15CV00016). Super 8 is objecting to Janie McFarland’s Witnesses and Exhibits.
Defendant, Chaxu, Inc. d/b/a Charlottesville Super 8 Motel, by and through Counsel, submits the following objection to Plaintiff’s witnesses and exhibits for trial:
1. Pursuant to the Scheduling Order for this matter, witness and exhibit lists were to be forwarded fourteen (14) days before trial in this matter, which was March 14, 2016.
2. The Plaintiff did not file her Witness or Exhibit List until March 28, 2016.
3. While the trial in this matter has been continued, the Court’s Order has not been vacated or otherwise amended, and therefore the Witness and Exhibit List filed by the Claimant is untimely and in violation of the Court’s Order.
4. Should the Court allow the Plaintiff’s Witness and Exhibit List, the Defendant Objects to the Plaintiff’s Exhibit List as follows:
a. Photographs of bedbug bites suffered by Plaintiff.
Objection. Defendant objects to this proposed exhibit as inadmissible due to hearsay, lack of foundation, and lack of authentication.
b. Video of room 107 of Charlottesville Super 8 Motel where Plaintiff was bitten.
Objection. Defendant objects to this proposed exhibit as inadmissible due to hearsay, lack of foundation, and lack of authentication.
c. Orkin Reports/Invoices for inspection and treatment of room 107 of Charlottesville Super 8 Motel.
Objection. Defendant objects to this proposed exhibit as inadmissible due to hearsay, lack of foundation, and lack of authentication. Moreover, Defendant objects to this proposed exhibit pursuant to Rule 407 of the Federal Rules of Civil Procedure insofar as said invoices are to be introduced as evidence of subsequent remedial measures to prove either negligence, culpable conduct, a defect in a product or its design; or a need for a warning or instruction.
d. Medical reports from Plaintiff’s visits to medical provider.
Objection. Defendant objects to this proposed exhibit as inadmissible due to hearsay, lack of foundation, lack of authentication, and that such medical evidence is unsupported by expert testimony.
Respectfully submitted,
Chaxu, Inc d/b/a Charlottesville Super 8 Motel
By Counsel
Imie Aisiku Harber, Esq. (VSB No. 72686)
Law Offices of Christopher R. Costabile
10555 Main Street, Suite 400
Fairfax, VA 22030
703-273-2777
703-691-4288-Fax
Counsel for Defendant