Sabre International Security v. Torres Advanced Enterprise Solutions, LLC

                              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.")