Greenlaw

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 ROSEMARY GREENLAW, Case No. 18-cv-04932-VKD

Plaintiff,

ORDER RE KIMBERLY NELSON

v. DEPOSITION TESTIMONY

VINCENT N. MICONE, Defendant.

13 The Secretary intends to call Kimberly Nelson as a witness at trial through Ms. Nelson’s deposition testimony. Ms. Greenlaw objects to the Secretary’s designations of Ms. Nelson’s testimony on foundation and hearsay grounds. See Fed. R. Evid. 602, 803. The Secretary argues that the testimony in question is being offered to explain Mr. Dement’s state of mind, his notice of certain matters, and his actions and decisions—essentially, to rebut Ms. Greenlaw’s theory that the Secretary’s proffered reasons for her termination are pretext for disability discrimination. It therefore appears that the Secretary is presenting the subject testimony for the truth of the matters asserted. The Secretary maintains that the deposition testimony at issue is not hearsay and…