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Unformatted text preview: t of court assertions, made by her co-workers, for the truth of the matter asserted. As such, defendants argue that these statements are inadmissible hearsay. Henderson, however, argues that these assertions qualify as non-hearsay statements pursuant to Federal Rule of Evidence 801(d)(2)(D). A statement is not hearsay if it is "a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship." Fed.R.Evid. 801(d)(2)(D). To support the introduction of statements offered against an employer, the plaintiff must establish, (1) the existence of the agency relationship, (2) that the statement was made during the course of the agency relationship, and (3) that it relates to a matter within the scope of the agency. Pappas v. Middle Earth Condominium Assoc., 963 F.3d 534, 537, (2d. Cir.1992). *8 [2] It is undisputed that both Gawin and Kasdan were agents of GE because Gawin was the CEO of GE IMV and Kasdan was the Chief Financial Officer of GE IMV. Although it is unclear precisely when Gawin and Kasdan made these statements, neither statement qualifies as an admission by a party opponent under Federal Rule of Evidence 801(d)(2)(D) because neither statement relates to a matter within the scope of the agency relationship. Gawin's comment that she believed that Shepard had a problem with women and Kasdan's remark that her removal was based on the fact that she was a woman do not qualify as statements that Gawin or Kasdan made in their official capacity as GE executives. Rather, they are Gawin's and Kasdan's opinions about the circumstances surrounding their own impending termination, which do not fall within the scope of their agency powers. Accordingly, these statements, which do not satisfy Federal Rule of Evidence 801(d)(2)(D), shall be stricken as inadmissible hearsay. [3] Defendants also seek to strike Henderson's testimony that Madrisotti stopped by her office following the departure of the Gawin and...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.

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