16 January 2011
Kelly Ayotte, GOP and Nashua PD file desparate Motion to Strike KingCast videos in Free Press racial Federal Lawsuit NH Dist. 2010-CV-501.
Full Memorandum in Opposition.
III. Authentication and posture of this case: Still a Motion to Dismiss.
Defendants fecklessly cite: Carmona v. Toledo, 215 F.3d 124, 131 (1st Cir. 2000) “To be admissible at the summary judgment stage, documents must be authenticated by and attached to an affidavit that meets the requirements of Rule 56(e).”
In case the Defendants need a reminder, we are not arguing a Summary Judgment motion, although at this point the Defendants are getting the benefit of substantial discovery against Plaintiff while their removal and Motion to Dismiss has removed his opportunity to obtain one whit of discovery.
The Court has spoken, and the Law of the Case – particularly at a Motion to Dismiss stage – holds that the videos are admissible without actual authentication, and that the Court will consider only the substantive issues delineated in this Memorandum. Plaintiff would have entered into a Stipulation to that effect had the Defendants approached him in the first instance, instead of wasting valuable time and Judicial resources.
/s/ Christopher King, J.D.