Lee preliminary motion 11. Accordingly, Lee preliminary motion I I is dismissed. Lee motion to suppress Lee moves to exclude paragraphs 21-24 of exhibit 2042, exhibit 203 1, and exhibit 2050. Lee seeks to exclude paragraphs 21-24 of exhibit 2042, as those paragraphs were relied on by van Engelen in support of van Engelen's opposition 7. Lee preliminary motion 7 was dismissed. Accordingly, there was no occasion to consider van Engelen's opposition 7. Thus, we find it unnecessary to consider the specific objections with respect to exhibit 2042. Lee moves to suppress exhibit 2031, as being unauthenticated under FRE 901. Exhibit 2031 is a translation of FP '409, an application for which van Engelen sought and was granted the benefit (van Engelen preliminary motion 6). The exhibit 2031 is accompanied by a "translator's verification." Lee objected to the verification as lacking proper authentication due to critical defects in the verification. In response to Lee's arguments in its opposition 6 and objections to van Engelen exhibit 203 1, van Engelen filed and served, along with its reply 6, an exhibit 2050, which is a corrected translator's verification. Lee argues that exhibit 2050 should be suppressed as being submitted too late and not in accordance with Standing Order § 34, We find it unnecessary to consider the specific objections to the admissibility of exhibits 2031 and 2050, since, despite being accorded the benefit of the '409 application, judgment is entered against van Engelen based on priority, even assuming the exhibits to be admissible. For these reasons, Lee's motion to suppress is dismissed. -37-Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 NextLast modified: November 3, 2007