This preview shows page 1. Sign up to view the full content.
Unformatted text preview: Federal Rules of Evidence to determine whether evidence would be
admissible at trial and thus whether a court can consider them in a ruling on a motion for
summary judgment." Glynn v. Bankers Life and Cas. Co., No. 3:02CV1802 (AVC), 2005
WL 2028698, at *1 (D.Conn. Aug.23, 2005) (citing Raskin v. Wayatt Co., 125 F.3d 55,
66 (2d Cir.1997)). Rule 56(e) of the Federal Rules of Civil Procedure requires that
"[s]upporting and opposing affidavits shall be made on personal knowledge, shall set
forth such facts as would be admissible in evidence, and shall show affirmatively that the
affiant is competent to testify to the matters stated therein." Fed.R.Civ.P. 56(e).
Defendants contend that Henderson's deposition testimony that Gawin, Kasdan, and
Madrisotti told her that they were leaving GE IMV because they were women constitutes
hearsay, which the court cannot consider when deciding a motion for summary judgment.
"Hearsay is a statement, other than one made by the declarant while testifying at trial or
hearing, offered in evidence to prove the truth of the matter asserted." Fed.R.Evid.
801(c). While testifying at her deposition, Henderson repeated comments that Gawin,
Kasdan, and Madrisotti told her during private conversations that were not part of a court
proceeding. With respect to Gawin, Henderson testified that Gawin told her "[t]hat she 171 [Gawin] believed that Jim [Shepard] had a problem with women and that her [Gawin's]
departure was because she was a woman and she was concerned with my [Henderson's]
well-being." (Dkt. # 49-4, Henderson Dep., Ex. 2 at 53:17-20.) Henderson also testified
that Kasdan said that her removal "was based on the fact that she [Kasdan] was a
woman." (Dkt. # 49-4, Henderson Dep., Ex. 2 at 58:6-7.) As for Madrisotti, Henderson
testified, "[t]hat Paola [Madrisotti] had stopped by my office to warn me to beware,
because they were getting rid of the women in the company and that I was next." (Dkt. #
49-4, Henderson Dep., Ex. 2 at 39:7-9.) In each instance, Henderson is offering ou...
View Full Document
- Spring '08