Centrix Financial, LLC et al v. National Union Fire Insurance Company of Pittsburgh, PA et al

Filing 186

ORDER re: 161 Defendants' Objections to Plaintiffs' Counter Deposition Designations for Trial as to Robert Sutton. By Judge Philip A. Brimmer on 6/5/15. (pabsec)

UNITED STATES DISTRICT COURT FOR
THE DISTRICT OF COLORADO
By Judge Philip A. Brimmer
Civil Action 09-cv-1542-PAB-CBS
In re: CENTRIX FINANCIAL, LLC, et al.,
CENTRIX FINANCIAL LIQUIDATING TRUST, and
JEFFREY A. WEINMAN in his capacity as Trustee
for the Centrix Financial Liquidating Trust,
Plaintiffs,
v.
NATIONAL UNION FIRE INSURANCE
COMPANY OF PITTSBURGH, PA, and
AIG DOMESTIC CLAIMS, INC.,
Defendants.
ORDER REGARDING DEFENDANTS’ OBJECTIONS TO PLAINTIFFS’ COUNTER
DEPOSITION DESIGNATIONS FOR TRIAL AS TO ROBERT SUTTON
This matter comes before the Court on Defendants’ Objections to Plaintiffs’
Counter Deposition Designations for Trial [Docket No. 161]. The Court has
reviewed the objections and rules as follows as to the deposition of Robert Sutton:

DEPOSITION OF ROBERT SUTTON - 5-15-2014
Item # Testimony

Objection

74:18-22

Rule 611: Completeness (requires
addition of 74:23-25)
96:17-20
Rule 611: Completeness (requires
addition of 96:21-25)
98:14-17
Rule 611: Completeness (requires
addition of 98:18-21)
105:19 to 106:5 Rule 611 (Completeness requires
addition of 106:6-9)
111:10 to 112:7 Rule 611: Completeness (requires
addition of 112:8-20)
114:7-13
Rule 602: Lacks Personal Knowledge)
142:21 to 143:6 Rule 802: Hearsay (testimony based on
hearsay statements)
147:1-20
Rule 611: Completeness (requires
addition of 146:4-25)
162:20 to
Rule 602: Lacks Personal Knowledge; Rule
166:16
403: Prejudice (irrelevant as testimony
concerns litigation involving two nonCentrix entities); Rule 403: Prejudice (any
marginal probative value of whether
litigation and settlement between two nonCentrix entities substantially outweighed by
danger of unfair prejudice)
175:23 to 177:3 Rule 802: Hearsay (testimony based on
hearsay statements)
180:24 to 182:5 Rule 802: Hearsay (testimony based on
hearsay statements); Rule 602: Lacks
Personal Knowledge
202:17 to 203:8 Rule 602: Lacks Personal Knowledge (only
related statements made to him by others);
Rule 802: Hearsay (testimony based on
hearsay statements)
222:4-18
Rule 802: Hearsay (testimony based on
hearsay statements)
224:1-9
Rule 701: Improper Lay Witness Opinion
(calls for an interpretation of a term
“financial benefit” that is defined under the
bond)

Ruling
Sustained
Overruled
Overruled
Overruled
Overruled
Sustained –
nonresponsive
Sustained
Overruled
Sustained –
foundation

Sustained
Sustained

Sustained

Overruled
Overruled

DEPOSITION OF ROBERT SUTTON - 5-15-2014
Item # Testimony

Objection

Ruling

231:11-14

Rule 602: Speculation

Sustained

235:21 to
236:12
248:20 to
249:18

Rule 611: Vague (mischaracterizes
prior testimony)
Rule 602: Speculation

Overruled
Sustained

DEPOSITION OF ROBERT SUTTON - 5-16-2014
Item # Testimony

Objection

Ruling

265:19 to 266:1 Rule 602: Lacks Personal Knowledge (only Sustained
relating statements made to him by
others); Rule 802: Hearsay (testimony
based on hearsay statements)
281:5 to 284:5 Rule 802: Hearsay (testimony based on
281:5-283:20 –
hearsay statements)
Overruled;
283:21-284:5 Sustained
285:9-17
Rule 802: Hearsay (testimony based on
Overruled
hearsay statements)
286:8-17
Rule 611: Vague (mischaracterizes
Overruled
the document)
287:15-18
Rule 802: Hearsay (testimony based on
Sustained
hearsay statements)
288:1-7
Rule 802: Hearsay (testimony based on
Sustained
hearsay statements)
302:2-23
Rule 611: Vague
Overruled
303:5-13

Rule 802: Hearsay (testimony based on
hearsay statements)
311:12-16
Rule 701: Improper Lay Opinion
(testimony in respect to a defined term
under the bond, “personal/financial
benefit)
311:17 to 312:1 Rule 611: Vague

Overruled

312:22 to 313:1 Rule 701: Improper Lay Opinion
(testimony in respect to a defined term
under the bond, “personal/financial
benefit)
314:13-16
Rule 701: Improper Lay Opinion
(testimony in respect to a defined term
under the bond, “personal/financial
benefit)
317:21-23
Rule 701: Improper Lay Opinion
(testimony in respect to a defined term
under the bond, “personal/financial
benefit)
328:21 to
Rule 602: Lacks Personal
329:20
Knowledge, Speculation
338:13 to
Rule 602: Lacks Personal Knowledge;
339:22
Rule 802: Hearsay (testimony based
on hearsay statements)

Overruled

Overruled

Overruled

Overruled

Overruled

Sustained
Sustained

DEPOSITION OF ROBERT SUTTON - 5-16-2014
Item # Testimony

Objection

Ruling

370:7-15

Rule 602: Lacks Personal
Knowledge, Speculation
370:19 to 371:4 Rule 602: Speculation

Overruled

371:6 to 372:5

Rule 611: Vague

Overruled

372:6-11

Rule 602: Speculation

Overruled

374:16 to
375:19

Overruled

Rule 602: Foundation; Rule 802:
Hearsay (testimony based on
hearsay statements)
382:21 to 383:9 Rule 602: Lacks Personal
Knowledge, Speculation
384:8-21
Rule 602: Lacks personal
knowledge, Speculation
387:22 to
Rule 402: Relevance; Rule 403: Prejudice
395:12
(any marginal probative value is
substantially outweighed by danger of
unfair prejudice); Rule 404(a)(1): Improper
Character Evidence

Sustained

408:20 to 409:6 Rule 802: Hearsay (testimony
based on hearsay)
410:1 to 411:7 Rule 602: Lacks Personal
Knowledge, Speculation
441:5 to 442:14 Rule 802: Lacks Personal Knowledge,
Speculation; Rule 611: Vague
(mischaracterizes prior testimony)

Sustained

DATED June 5, 2015.
BY THE COURT:

s/Philip A. Brimmer
PHILIP A. BRIMMER
United States District Judge
5

Sustained
Sustained
Sustained relevance

Sustained
Sustained