Rabon et al v. Kimani et al

Filing 68

ORDER regarding designated deposition testimony. Signed by Honorable Susan O. Hickey on September 14, 2017. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TERRANCE RABON and KATHLEEN RABON v. PLAINTIFFS Case No. 4:16-cv-4007 JOHN K. KIMANI; TOLYN EXPRESS, LLC; and JOHN DOES 1-6 DEFENDANTS SENRTY SELECT INSURANCE CO. INTERVENOR ORDER Plaintiffs have designated portions of depositions that they plan to present at trial for the following witnesses: Alexa Rabon, Jane Hall, Robert Ancell, Andres Munk, and Habib Gennaoui. The Court has reviewed the deposition transcripts and makes the following rulings regarding objections to deposition testimony: 1. Alexa Rabon • page 14: line 24 through page 15: line 1 – Defendants’ objection sustained. 2. Jane Hall • page 8: line 9 through page 10: line 4 – Defendants’ objection sustained as to page 8: line 9 through page 8: line 11, and as to page 8: line 15 through page 8: line 19. Defendants’ objection overruled as to the remainder of this section. • page 11: line 7 through page 11: line 21 – Defendants’ objection sustained as to page 11: line 9 (beginning with “and in fact”) through page 11: line 12 (ending with “you know.”). Defendants’ objection overruled as to the remainder of this section. • page 13: line 21 through page 14: line 5 – Defendants’ objection sustained as to page 13: line 22 through page 14: line 5. Defendants’ objection overruled as to the remainder of this section. • page 14: line 22 through page 17: line 23 – Defendants’ objection sustained as to page 15: line 12 (beginning with “And then Kathy”) through page 15: line 17. Defendants’ objection overruled as to the remainder of this section. • page 18: line 2 through page 18: line 13 – Defendants’ objection sustained. • page 18: line 21 through page 19: line 1 – Defendants’ objection sustained. • page 20: line 13 through page 20: line 16 – Defendants’ objection sustained. • page 22: line 17 through page 23: line 17 – Defendants’ objection overruled. • page 24: line 10 through page 24: line 12 – Defendants’ objection overruled. • page 25: line 10 through page 25: line 16 – Defendants’ objection overruled. • page 26: line 14 through page 26: line 17 – Defendants’ objection sustained. • page 26: line 21 through page 26: line 24 – Defendants’ objection sustained. • page 36: line 5 through page 39: line 5 – Defendants’ objection sustained. 3. Robert Ancell • page 21: line 10 through page 22: line 13 – Defendants’ objection sustained as to page 21: line 17 through page 21: line 24. Defendants’ objection overruled as to the remainder of this section. • page 22: line 24 through page 23: line 19 – Defendants’ objection sustained as to page 23: line 5 through page 23: line 13 and page 23: line 17 through 2 page 23: line 18. Defendants’ objection overruled as to the remainder of this section. • page 25: line 25 through page 27: line 2 – Defendants’ objection overruled. Page 26: line 3 and page 26: line 13 should be excluded. • page 33: line 12 through page 33: line 13 – Plaintiffs have withdrawn this designation. • page 34: line 17 through page 34: line 18 – Plaintiffs have withdrawn this designation. 4. Andres Munk • page 48: line 8 through page 50: line 24 – Defendants’ objection sustained as to page 49: line 14 through page 50: line 12. Defendants’ objection overruled as to the remainder of this section. 5. Habib Gennaoui • page 15: line 2 through page 15: line 9 – Plaintiffs have withdrawn this designation. • page 23: line 8 through page 24 line 13 – Defendants’ objection sustained as to page 24: line 1 through page 24: line 9 (ending with “I would say it’s conclusive.”). Defendants’ objection overruled as to the remainder of this section. • page 24: line 21 through page 26: line 4 – Defendants’ objection overruled. • page 27: line 4 through page 27: line 15 – Defendants’ objection overruled. • page 28: line 10 through page 29: line 7 – Defendants’ objection overruled. • page 65: line 21 through page 67: line 8 – Defendants’ objection sustained. 3 • page 70: line 15 through page 71: line 7 – Defendants’ objection overruled. • page 72: line 11 through page 72: line 13 – Defendants’ objection overruled. IT IS SO ORDERED, this 14th day of September, 2017. /s/ Susan O. Hickey Susan O. Hickey United States District Judge 4

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