Sea-Land Service, Inc. (Sea-Land) (plaintiff) brought suit against Lozen International, LLC (Lozen) (defendant) for payment owned pursuant to a shipping contract. Lozen filed a counterclaim, asserting that Sea-Land had failed to deliver one of the shipments on time. As evidence, Lozen sought to introduce an email that had been forwarded to Lozen by Laurie Martinez, a Sea-Land employee. Specifically, Martinez had pasted into her email to Lozen the contents of an email originally written by Mike Jacques, who was also a Sea-Land employee. Martinez prefaced the email to Lozen with the statement: “Yikes, Pls note the rail screwed us up.” The district court excluded the email from evidence as hearsay. Lozen appealed.