Peterson v. Islamic Republic of Iran

Filing 200

RULINGS ON THE OBJECTIONS TO THE COOK DECLARATION. Signed by Magistrate Judge Bernard Zimmerman on 11/21/2008 nunc pro tunc October 14, 2008. (bzsec, COURT STAFF) (Filed on 11/21/2008)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEBORAH D. PETERSON, Personal Representative of the Estate of James C. Knipple (Dec.), et al., Plaintiff(s), v. ISLAMIC REPUBLIC OF IRAN, et al., Defendant(s). ) ) ) ) ) ) ) ) ) ) ) ) ) ) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

No. 08-80030 MISC JSW (BZ)

RULINGS ON THE OBJECTIONS TO THE COOK DECLARATION

The objections of non-party CMA CGM to the declaration of David J. Cook are resolved as follows: 1. The objections to paragraph 2 of lack of foundation

are DENIED to the extent that Mr. Cook recites information from the shipping schedule. To the extent that he draws

inferences, they are treated as argument and not statements of fact. 2. The statements in paragraph 4 are only given weight

as legal conclusions. 3. The objection to the statement in paragraph 3 that 1

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Iran sells bunkered oil is SUSTAINED on grounds of hearsay and lack of foundation. 4. The statement in paragraph 5 is only given weight as

legal argument. 5. The objections to paragraph 6 are SUSTAINED for lack

of foundation and hearsay. 6. The statement in paragraph 7 is only given weight as

legal argument. 7. The objections to paragraph 8 are DENIED except that

the last sentence to which the non-party objects is only given weight as legal argument. Dated: November 24, 2008 nunc pro tunc October 14, 2008

Bernard Zimmerman United States Magistrate Judge

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