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RAMIREZ_Appendix_Writ_Certiorari_2_6_2017

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Case: 15-11914 Date (133 Filed: of 12/04/2015 2011) Page: 10 of 13<br />

I. APPENDIX NO. 57, P. 199 (P. 13)<br />

Appellant references page 9 of the transcript of Javier Callejas’s deposition.<br />

Although part of the Callejas deposition transcript is contained in the record below<br />

(Dkt. 88-2), that page is not in the record.<br />

J. APPENDIX NO. 69, P. 214-15 (P. 16)<br />

Appellant references document bates numbered “CR F. 26 p. 274-275” (Job<br />

Posting) in the appendix. This document is one of the documents produced by<br />

Appellant in response to “Defendant’s Request to Produce” and is not in the record<br />

or in the sealed documents filed with the district court.<br />

K. APPENDIX NO. 72, P. 218-19 (P. 17)<br />

Appellant references “DEF000462-463 Document responsive to Plaintiff<br />

First Request #17” in the appendix, and in the brief he states they were “Def’s<br />

sealed documents.”<br />

These are not in the record or in the Defendant’s sealed<br />

documents.<br />

L. APPENDIX NO. 73, P. 220 (P. 17)<br />

Appellant references “DEF349 Sealed Exhibits Document responsive to<br />

Plaintiff’s First Request #1” in the <strong>Appendix</strong>.<br />

This document is not the record<br />

below or in the Defendant’s sealed documents.<br />

It is clear based on the foregoing Eleventh Circuit authority, each document<br />

impermissibly included in the Appellant’s Brief and the <strong>Appendix</strong> fails to<br />

establish any adjudicative fact and should be stricken. Similarly, the interests of<br />

A. 783

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