Grimes v. United Parcel Service et al

Filing 355

ORDER re Timothy Metcalf Designations. Signed by Judge Richard Seeborg on 2/8/08. (rssec, COURT STAFF) (Filed on 2/8/2008)

Grimes v. United Parcel Service et al

Doc. 355

1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION *E-FILED 2/8/08*

United States District Court

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For the Northern District of California

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. GREGORY NEAL GRIMES, Plaintiff, NO. C 05-01824 RS ORDER RE TIMOTHY METCALF DESIGNATIONS

UNITED PARCEL SERVICE, INC., Defendant.

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The objections to the introduction of testimony from the deposition of Timothy Metcalf are sustained or overruled as set forth below. Where reference is made only to page numbers, the specific lines affected by this ruling are those identified by the parties in their submissions to the Court. Plaintiff's Designations Pp. 21-22: Sustained, lack of relevance. Pp. 26-28: Overruled. Pp. 29-30: Overruled. Pp. 35-43: Sustained, lack of relevance and cumulative. P. 41: The additional objections to the testimony regarding Exhibit 338 are moot, in light of 1

Dockets.Justia.com

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the ruling that none of this testimony is admissible. Pp. 43-47: In light of the rulings above, no basis remains to admit this testimony. Pp. 47-48: Overruled. P. 52: In light of the rulings above, no basis remains to admit this testimony. Pp. 53-56: Sustained, lack of relevance and cumulative. Pp. 57-58: Overruled Pp. 58-60: Sustained, lack of relevance, lack of foundation, speculative. Pp. 61-64: Overruled Pp. 65: Sustained, lack of foundation, speculative. Pp. 78-79: Sustained, without prejudice to defendant's right to introduce the testimony through its counter-designations.

United States District Court

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For the Northern District of California

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ORDER C 05-01824 RS

Defendant's Counter-designations Pp. 63-64: Overruled. Pp. 65-66: Overruled. Pp. 70-71: Overruled. P. 73: Sustained, hearsay. Pp. 74-75: Sustained, hearsay. Pp. 75-76: Overruled. Pp. 92-93: Overruled. Pp. 103-104: Overruled. Pp. 106: Overruled. IT IS SO ORDERED. Dated: February 8, 2008 RICHARD SEEBORG United States Magistrate Judge

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THIS IS TO CERTIFY THAT NOTICE OF THIS ORDER HAS BEEN GIVEN TO: Darci Elaine Burrell Claudia Center [e-mail]

[e-mail], [e-mail], [e-mail] [e-mail], [e-mail],

Kathryn Burkett Dickson [e-mail] Elizabeth A. Falcone Thomas E. Geidt

[e-mail], [e-mail]

[e-mail], [e-mail] [e-mail], [e-mail]

E. Jeffrey Grube , Esq Kerri N. Harper Jean K Hyams Leslie Fran Levy Sana Swe

[e-mail], [e-mail] [e-mail] [e-mail]

United States District Court

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For the Northern District of California

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[e-mail], [e-mail] [e-mail], [e-mail]

Maurice Kirby Collette Wilcox Julie Anne Wilkinson

[e-mail], [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel who have not registered for e-filing under the Court's CM/ECF program. Dated: 2/8/08 Richard W. Wieking, Clerk By: Chambers

ORDER C 05-01824 RS

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