Lee v. Nucor-Yamato Steel Company LLP et al

Filing 168

ORDER designating rulings on the parties' objections to designations and counter-designations of deposition and trial testimony re 106 , 164 , 163 , and 108 . Signed by Chief Judge Brian S. Miller on 04/11/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DANNY LEE
v.

PLAINTIFF
CASE NO. 3:07CV00098 BSM

NUCOR-YAMATO STEEL COMPANY LP
AND NUCOR CORPORATION

DEFENDANTS

ORDER
Now pending are the parties’ objections to designations and counter-designations of
deposition and trial testimony. Because the parties have indicated that they no longer intend
to use a number of the depositions they initially designated, the only objections relevant at
this time are plaintiff’s objections to defendants’ designations of testimony from Joe
Stratman’s deposition [Doc. No. 108] and defendants’ objections to plaintiff’s counterdesignations of testimony from Stratman and Michael Hooks’s depositions [Doc. No. 106].
Also ripe for review are defendants’ objections [Doc. Nos. 163, 164] to plaintiff’s
designations of Rodney Washington and Ozzie Green’s trial testimony in Bennett v. Nucor
Corp., Case No. 3:04CV00291. The rulings on these objections are as follows.
A.

Plaintiff’s objections to designations from Joe Stratman’s deposition
Plaintiff’s objection to designation 165:14 to 169:3 from Stratman’s deposition is

sustained as to the testimony from 165:13–167:8, and overruled as to the testimony from
167:9–169:3. Plaintiff’s objection to designation 181:19–186:12 is sustained but on the
condition that the testimony from 181:19–183:20, where Stratman testifies about statements
made to him by other Nucor employees, can not be offered for the truth of the matter

asserted. Those statements can only be offered to show the basis for the course of action
taken by Stratman. Finally, plaintiff’s objection to designation 203:8–204:20 is sustained.
B.

Defendants’ objections to counter-designations from Joe Stratman and Michael
Hooks’s depositions
Defendants’ objections to plaintiff’s counter-designations from the depositions of

Stratman and Hooks are all overruled.
C.

Defendants’ objections to designations from Rodney Washington’s trial testimony
Defendants’ objections to the following designations from Washington’s trial

testimony are sustained: 126:17–126:25; 153:15–153:17; 205:11–205:18; 206:8–207:6;
and 212:22–214:16. The remaining objections are overruled.
D.

Defendants’ objections to designations from Ozzie Green’s trial testimony
Defendants’ objections to the following designations from Green’s trial testimony are

sustained: 220:25–221:11; 235:7–235:9; 237:25–238:4; 260:17–261:25; 316:10–316:25;
and 317:1–318:6. Defendants’ objection to designation 224:8–225:17 is sustained only as
to lines 8-9 on page 224. Defendants’ objection to designation 243:2–243:8 is sustained
only as to line 2 on page 243. Finally, defendants’ objection to designation 256:15–257:5
is sustained only as to lines 15-16 on page 256.
IT IS SO ORDERED this 11th day of April 2013.

________________________________
UNITED STATES DISTRICT JUDGE

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