Makreas v. First National Bank of Northern California et al

Filing 223

ORDER RE USE OF DISCOVERY AT TRIAL. Signed by Judge Jon S. Tigar on December 9, 2013. (wsn, COURT STAFF) (Filed on 12/10/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NICK MAKREAS,

Case No. 11-cv-02234-JST

Plaintiff,
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ORDER RE USE OF DISCOVERY AT
TRIAL

v.
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FIRST NATIONAL BANK OF
NORTHERN CALIFORNIA, et al.,
Defendants.

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United States District Court
Northern District of California

Re: Dkt. No. 177

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The Court rules as follows on the parties’ objections to discovery responses and deposition

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testimony, ECF No. 177, as set forth below:

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I.

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Plaintiff’s Objections To Discovery Responses Offered by Defendants
A.

Deposition of Nick Makreas’ dated September 18, 2012

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Page/Line

Ruling

26:20-30:5

The relevance objection is SUSTAINED.

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30:15-31:5

The objections are OVERRULED.

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44:24-46:19

The objections are OVERRULED.

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70:19-71:10

The relevance objection is SUSTAINED.

71:22-72:14

The relevance objection is SUSTAINED.

75:11-13

The relevance objection is SUSTAINED.

83:11-17

The relevance objection is SUSTAINED.

102:18-105:3

The relevance objection is SUSTAINED.

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Page/Line

Ruling

139:25-140:3

The objection on grounds that the excerpt is incomplete is OVERRULED.
The testimony that Plaintiff requests be added consists of inadmissible
hearsay.

142:21-143:23

The objections are OVERRULED.

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182:18-183:16

The objections are OVERRULED.

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185:5-10

The relevance objection is SUSTAINED.

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186:8-21

The relevance objection is SUSTAINED.

212:14-213:11

The objections are OVERRULED.

214:9-12

The objections are OVERRULED.

214:25-215:17

The objections are OVERRULED; however, the excerpt must include the
testimony through and including 215:25.

216:11-220:15

The objection on the ground that the excerpt is incomplete is
OVERRULED.

222:6-223:22

The parties did not attach the subject pages to their Joint Statement
Regarding Use of Discovery Responses At Trial, so the Court cannot rule
on the Plaintiff’s objection.

224:4-13

The parties did not attach the subject pages to their Joint Statement
Regarding Use of Discovery Responses At Trial, so the Court cannot rule
on the Plaintiff’s objection.

226:15-250:9

The objections are OVERRULED.

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United States District Court
Northern District of California

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B.

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Page/Line

Ruling

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32:3-10

The objections are OVERRULED.

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75:16-76:10

The objections are OVERRULED.

188:10-189:1

The relevance objection is SUSTAINED.

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Deposition of Nick Makreas Dated September 29, 2010

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C.

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Response #

Plaintiff’s Responses to FNBNC’s Interrogatories
Ruling

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The objections are OVERRULED.

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The relevance objection is SUSTAINED.

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The relevance objection is SUSTAINED.

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The objections are OVERRULED.

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The relevance objection is SUSTAINED.

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The relevance objection is SUSTAINED.

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The relevance objection is SUSTAINED.

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The relevance objection is SUSTAINED.

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The relevance objection is SUSTAINED.

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The relevance objection is SUSTAINED.

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The relevance objection is SUSTAINED.

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United States District Court
Northern District of California

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II.

Defendants’ Objections To Discovery Responses Offered by Plaintiff
A.

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Deposition of The Person Most Knowledgeable of First National Bank of
Northern California

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Page/Line

Ruling

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14:25-23:01

The objections are OVERRULED as to the testimony at 17:11-19:7; 19:2220:4; and 21:9-23:01. The relevance objection is otherwise SUSTAINED.

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23:02-24:10

The objections are OVERRULED.

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25:23-26:05

The relevance objection is SUSTAINED.

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33:19-33:20

These lines do not constitute a complete question and answer. Counsel will
read 33:9-25.

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34:15-34:16

The incompleteness objection is SUSTAINED. Counsel will read 34:1-16.

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34:17-35:08

The objections are OVERRULED.

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Page/Line

Ruling

40:13-40:22

The excerpt does not consist of a complete set of questions and answers.
Assuming that Plaintiff intended to designate 40:16-22, the objections are
OVERRULED.

85:6-87:4

The objections are OVERRULED. The portions attributable to Nick
Makreas are not being offered for the truth of the matter asserted.

87:12-87:14

The objection is OVERRULED.

96:13-97:11

The incompleteness objection is SUSTAINED. Counsel will read through
97:20.

98:1-98:8

The objections are OVERRULED.

106:10-16

The relevance objection is SUSTAINED.

110:4-110:20

The objections are OVERRULED.

114:20-115:21

The objections are OVERRULED.

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116:1-116:23

The relevance objection is SUSTAINED.

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117:6-117:11

The objections are OVERRULED.

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121:23-122:11

The objections are OVERRULED.

123:2-123:9

The objections are OVERRULED.

135:17-136:10

The objections are OVERRULED.

136:14-140:16

The hearsay objection to 140:13-16 is SUSTAINED. The remainder of the
testimony is admissible.

147:5-150:12

The objections are OVERRULED.

154:1-154:24

The relevance objection is SUSTAINED.

163:21-23

The excerpt is incomplete and not comprehensible. The Court interposes
and sustains an objection under Fed. R. Evid. 403.

164:14-166:1

The objections are OVERRULED.

187:21-188:12

The objections are OVERRULED.

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United States District Court
Northern District of California

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B.

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Deposition of Kathy Castor

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Page/Line

Ruling

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7:9-9:4

The objections are OVERRULED.

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10:6-10:22

The objections are OVERRULED.

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13:22-14:6

The relevance objection is SUSTAINED.

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C.

Deposition of Randy Brugioni

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Page/Line

Ruling

28:17-33:11

The relevance objection is SUSTAINED.

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35:17-36:7

The relevance objection is SUSTAINED.

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45:6-45:25

The objections are OVERRULED.

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48:25-49:16

The objections are OVERRULED.

52:24-54:23

The objections are OVERRULED. Defendant’s request to add two lines of
testimony is denied; the portion that Defendant requests be added consists
of a question without an answer.

58:5-58:13

The relevance objection is SUSTAINED.

61:25-64:11;
68:19-69:15

The objections are OVERRULED as to the following portions of the cited
testimony: 61:25-62:6; 63:24-64:11; and 68:19-25. The relevance and Rule
403 objections are SUSTAINED as the remaining testimony.

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74:3-74:8

The objections are OVERRULED.

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78:16-78:19

The relevance and 403 objections are SUSTAINED.

91:24-98:25

94:9-96:6 is either cumulative or lacks foundation. 98:20-24 calls for
speculation. 98:25 consists of a hashmark. The remainder of the testimony
is admissible.

106:11-110:4

The Court assumes Plaintiff is not seeking to admit 108:12-109:19, which
consists of an argument between counsel. The objections to the remaining
testimony are OVERRULED.

110:5-112:8

The testimony must be expanded to include through line 112:15, but the
objections are otherwise OVERRULED.

112:22-25

The relevance and 403 objections are SUSTAINED.

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United States District Court
Northern District of California

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Page/Line

Ruling

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113:5-115:18

The objections are OVERRULED.

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132:13-15

The objections are OVERRULED.

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132:16-133:4

The objection is SUSTAINED.

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133:7-133:17

The objection that the questions pose an incomplete hypothetical is
SUSTAINED.

138:5

The excerpt, which consists solely of the fragmentary use of the word “no,”
is not admissible.

138:7-138:11

The vagueness and lack of foundations are SUSTAINED.

141:1-143:22

The relevance and 403 objections are SUSTAINED. The quiet title action
is not relevant to these proceedings.

143:24-146:25

The relevance and 403 objections are SUSTAINED. The quiet title action
is not relevant to these proceedings.

147:2-22

The relevance and 403 objections are SUSTAINED.

149:24-150:11

The objection is SUSTAINED. The testimony is not relevant and concerns
an inadmissible offer to compromise.

155:5-156:6

The relevance and 403 objections are SUSTAINED.

171:19-172:11

The relevance and 403 objections are SUSTAINED.

177:17-179:12

The speculation objection is SUSTAINED.

179:13-181:15

The relevance and 403 objections are SUSTAINED.

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United States District Court
Northern District of California

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D.

Deposition of Kevin Valencia

The Court will resolve the Defendant’s objections if Kevin Valencia is unavailable, Fed. R.
Evid. 804, which the parties agree is the only circumstance under which this deposition testimony
could be admitted. See ECF No. 177 at 28.

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E.

Deposition of Deputy Steven Duvall

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The Court will resolve the Defendant’s objections if Kevin Valencia is unavailable, Fed. R.

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Evid. 804, which the parties agree is the only circumstance under which this deposition testimony

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could be admitted. See ECF No. 177 at 35.
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F.

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The Court need not resolve the Defendant’s objections, because Lieutenant Copeland

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Deposition of Roger Copeland

testified in open court today.

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G.

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Deposition of the Person Most Knowledgeable for TD Service Company
(Crystal Espinoza)

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Page/Line

Ruling

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13:10-17

The objection is SUSTAINED. The cited excerpt appears to be a
miscitation.

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14:21-15:23

The relevance objection is SUSTAINED.

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15:24-21:19

The relevance objection is SUSTAINED.

112:16-113:17

The objections are OVERRULED.

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United States District Court
Northern District of California

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H.

Deposition of Vanessa Varelas

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Page/Line

Ruling

63:4-65:22

The objections are OVERRULED.

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66:2-66:17

The objections are OVERRULED.

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66:19-67:16

The objections are OVERRULED.

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I.

Deposition of Janina Hoak

Page/Line

Ruling

7:3-7:17

This appears to be the inadmissible testimony of counsel.

23:6-25

The relevance objection is SUSTAINED.

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24:1-10

The relevance objection is SUSTAINED.

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79:10-82:9

The relevance objection is SUSTAINED.

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J.

Deposition of Patrick Dobiesz

Page/Line

Ruling

5:25-6:20

The relevance objection is SUSTAINED. The Court assumes, however,
that the parties will stipulate that Patrick Dobiesz is the President of the
Defendant.

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K.

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FNBNC’s Response to Plaintiff Nick Makreas’ Amended First Set of
Interrogatories

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The Court has already resolved these objections by separate order. ECF No. 221.

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L.

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These interrogatory responses in their entirety are inadmissible hearsay when offered by

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United States District Court
Northern District of California

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Plaintiff Nick Makreas’ Responses to FNBNC’s Interrogatories

the Plaintiff. That Defendant marked them as an exhibit does not change this result.
III.

Additional Orders
With regard to each of the discovery responses addressed by this order, counsel will

remove any objections or colloquy from any discovery response or deposition testimony that is
read to the jury.
IT IS SO ORDERED.
Dated: December 9, 2013
______________________________________
JON S. TIGAR
United States District Judge

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