29 of Hill exhibit 2045, is also excluded, since Hill's
conclusions are based on the May 1999 Cooperman letter (HR 15,
29). Accordingly, Snitzer's motion to exclude Attachment VII of
2045 and paragraphs 28 and 29 of 2045 (HR 15) is granted.
Snitzer seeks to exclude the Hill manuscript receipt and
references thereto (Hill exhibit 2016, paragraph 4, Attachment II
to 2016, Attachment V to 2045, and paragraphs referring to
Attachment V of 2045). Snitzer argues that the reference to and
the copy of the receipt contain hearsay without a sufficient
foundation to invoke any hearsay exception. The receipt and
reference to the receipt fall within the business record
exception.
Snitzer argues that Hill, in its opposition, failed to
specifically cite to where in Cooperman's testimony it is
provided that the Annual Review Receipt was kept in the course of
a regularly conducted business activity (Paper 281 at 10). Hill,
in its opposition specifically states that Cooperman's testimony
(HR 270) and supplemental Cooperman declaration provide that
explanation (Paper 293 at 9)..
Cooperman testified as to the specific steps she takes to
date and stamp a manuscript received and that a receipt is
stamped with the same date and sent to the author (HR 270-271).
Cooperman further testified that the receipt was made as part of
the usual activities of the Office of the Annual Review of
59
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