Case: 1:11-cv-00103-GHD-DAS Doc #: 362 Filed: 01/27/14 1 of 5 PageID #: 7056
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