From Wells v. Xpedx, 2007 U.S. Dist. LEXIS 67000 (M.D. Fla. Sept. 11, 2007), an age discrimination (wrongful discharge) action:
1. Burden on Non-Moving Party to Produce Admissible Evidence. ‛Evidence produced by a nonmoving party to avoid summary judgment need not be in admissible form if it could be reduced to admissible form at trial.“
2. Emails Produced in Discovery Presumptively Authentic. ‛Documents produced during discovery are deemed authentic when offered by a party opponent.“
3. Documents Obtained from Non-Party Government Agencies Not Presumptively Authentic. ‛Plaintiff's statement that he received certain documents from the EEOC is not sufficient to authenticate the documents in accordance with Rule 56(e)'s requirements.... A writing is not authenticated simply by attaching it to an affidavit, even if the writing appears on its face to have originated from some governmental agency and the affiant is a government official“ (internal quotation and citation omitted).
4. EEOC Report and Determination. "The business records hearsay exception applies to the EEOC's report and determination, but it does not apply to the underlying material collected in the EEOC investigation.... Each piece of evidence in the file must be independently admissible“ (internal quotations and citation omitted).
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