UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
SABRE INTERNATIONAL SECURITY,
Plaintiff,
v. Civil Action No. 11-806 (GK)
TORRES ADVANCED ENTERPRISE
SOLUTIONS, LLC, et al.,
Defendants. ·
MEMORANDUM OPINION
Pending before the Court are twelve Motions in Limine
filed by Plaintiff Sabre International Security ("Sabre") and
six Motions in Limine filed by Defendant Torres Advanced
Enterprise Solutions ("Torres") . 1 Upon consideration of the
Motions and Responses, and the entire record herein, and for the
reasons stated below, the Court rules as follows.
SABRE'S MOTIONS IN LIMINE
I. Sabre's Motion in Limine to Exclude Torres' Spreadsheet of
Alleged Costs Incurred [Dkt. No. 390] ("Sabre's Motion in
Limine No. 1")
Sabre's Motion in Limine No. 1 seeks to exclude, as
hearsay, four versions of a financial spreadsheet Torres used to
track payments it made to Sabre and expenses it allegedly
1
In accordance with the Pretrial Order entered on August 26,
2014 [Dkt. No. 382], the parties filed their Motions in Limine
on September 9, 2 014 [Dkt. Nos. 3 85-4 03] and their respective
Oppositions on September 23, 2014 [Dkt. Nos. 411-428] .
incurred on Sabre's behalf (the "Tracking Sheet") . 2 Torres
contends that the Tracking Sheet is admissible both as a
business record under Fed. R. Evid. 803(6) and as a summary of
voluminous writings under Fed. R. Evid. 1006.
A. Rule 803{6)
The "business record" rule creates an exception to the
hearsay rule for a "record of an act, event, condition, opinion
or diagnosis" if:
(A) the record was made at or near the time by - or
from information transmitted by someone with
knowledge;
(B) the record was kept in the course of a regularly
conducted activity of a business, organization,
occupation, or calling, whether or not for profit;
(C) making the record was a regular practice of that
activity;
(D) all these conditions are shown by the testimony of
the custodian or another qualified witness, or by a
certification that complies with Rule 902(11) or (12)
or with a statute permitting certification; and
(E) the opponent does not show that the source of
information or the method or circumstances of
preparation indicate a lack of trustworthiness.
Fed. R. Evid. 803(6).
2
The four versions of the Tracking Sheet at issue are dated
between October 20, 2010, and January 7, 2011, Pl.'s Mot. at 1,
and contain entries dated from January 1, 2010, to December 31,
2010. See generally id. Exs. 1-4.
-2-
Sabre's primary argument against admission of the Tracking
Sheet is its contention that Torres created the Tracking Sheet
in anticipation of litigation and not as a "regularly conducted
activity." Pl.'s Mot. at 2. 3
Torres claims, however, that it created the Tracking Sheet
before it was on notice of any legal action. Def.'s Opp'n at 1.
It has submitted the Declaration of its former Chief Financial
Officer ( "CFO") , Kathryn Jones, who explains that she created
the Tracking Sheet on or around August 27, 2010, as an "ongoing
accounting of extraordinary expenses that were being incurred
above normal business operating expenses." See Declaration of
Kathryn Jones ("Jones Decl.")