Lybrand v. Union Pacific Railroad Company

Filing 72

ORDER re 57 58 59 Objections by the parties to deposition designations and counter-designations. Objections are overruled, as set forth in this Order. Signed by Judge James M. Moody on 4/25/12. (kpr)(Docket entry modified on 4/25/2012 to correct the linkage.) (thd).

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
F. MIKE LYBRAND
VS.

PLAINTIFF
NO. 5:10CV00045

UNION PACIFIC RAILROAD COMPANY

DEFENDANT

ORDER
Pending are the parties’ objections to deposition designations and counter-designations.
(Docket #’s 57, 58 and 59). Following a review of the pleadings and the deposition transcripts,
the Court finds and orders as follows:
1. Defendant’s objections to the Plaintiff’s designations of the testimony of Dr. Richard
Jordan are overruled. (Docket # 58).
2. Defendant’s objections to the Plaintiff’s designations of Dr. Kenneth Martin are
overruled. (Docket # 58).
3. Defendant’s objections to the Plaintiff’s counter-designations of Dr. Kenneth Martin
at page 83, line 16-22, page 91, line 9-18, and page 93, line 23-24 are sustained; the remaining
objections to the Plaintiff’s counter-designations of Dr. Martin are overruled. (Docket # 58)
4. Defendant’s objections to the Plaintiff’s counter-designations of Dr. Earl Peeples at
page 152, line 19 through page 153, line 2 are sustained. The remaining objections to the
Plaintiff’s counter-designations of Dr. Peeples are overruled. (Docket # 58)
5. Plaintiff’s objections to the Defendant’s designations and counter-designations of Dr.
Kenneth Martin at page 48, lines 21-24, page 62, line 23 through page 63, line 10, page 69, lines
15-20, page 70, lines 6-11, page 71, lines 4-6, and page 77, line 13 through page 80 line 22 are
sustained. The remaining objections to the Defendant’s designations and counter-designations
of Dr. Martin are overruled. (Docket # 57).

6. Plaintiff’s objections to the Defendant’s counter-designations of Dr. Richard Jordan at
page 40, lines 7-12, page 43, line 19 through page 45, line 25 and page 73, line 18 through page
74, line 12 are sustained. The remaining objections to the Defendant’s counter-designations of
Dr. Jordan are overruled. (Docket # 57).
7. Plaintiff’s objections to the Defendant’s designations and counter-designations of Dr.
Earl Peeples at page 19, line 20 through page 24, line 1, page 133, lines 4-21 and page 156, line
5 through page 157, line 19 are sustained. The remaining objections to the Defendant’s
designations and counter-designations of Dr. Peeples are overruled. (Docket # 57).
8. Defendant’s objections to the Plaintiff’s counter designations of Dr. Jordan at page 89,
line 11 through page 90, line 9 are sustained. The remaining objections to the Plaintiff’s
counter- designations of Dr. Jordan are overruled. (Docket # 59).
IT IS SO ORDERED this 25th day of April, 2012.

______________________________
James M. Moody
United States District Judge