Schniedwind v. American Family Mutual Insurance Company

Filing 80

ORDER Regarding Plaintiff's Objections to Defendant's Counter-Designations of Deposition Testimony of American Family Adjuster Suzanna Wade re: 72 . Signed by Judge Philip A. Brimmer on 01/13/16. (jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 14-cv-01734-PAB-NYW PATRICIA SCHNIEDWIND, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant. ORDER REGARDING PLAINTIFF’S OBJECTIONS TO DEFENDANT’S COUNTER-DESIGNATIONS OF DEPOSITION TESTIMONY OF AMERICAN FAMILY ADJUSTER SUZANNA WADE This matter comes before the Court on Plaintiff’s Objections to Defendant’s Counter-Designations of Deposition Testimony of American Family Mutual Adjuster Suzanna Wade [Docket No. 72]. The Court rules as follows on plaintiff’s objections: Item # 1 Testimony Objection 5:20-6:5 No objection 2 10:4-8 No objection 3 11:4-13:10 No objection 4 14:4-14 No objection Ruling 5 16:21-19:19 6 17:5-12 7 18:15-19:7 8 Cumulative (contains portions of testimony previously designated by Plaintiff: 16:1918:14), relevance, and speculation as to remaining portions Cumulative, designated portions are contained in Item # 6, see objections to Item #5 See Objection to Item #5 Overruled. 21:12-22:20 Cumulative (contained in testimony previously designated by Plaintiff); no objection to 22:16-20 Overruled. 9 23:11-13 No objection 10 24:5-7 11 24:23-25:1 Cumulative (contained in testimony previously designated by Plaintiff: 24:513) No objection 12 25:6-11 No objection 13 27:3-18 No objection 14 27:20-28:5 No objection 15 28:8-10 No objection 16 18:18-23 [28:18-23] 17 31:14-33:2 Incomplete: the witness’ full answer was cut-off and continues through to page 29:3; no objection if 28:24-29:3 is included Relevance, hearsay, foundation, speculation 18 35:4-19 No objection 19 47:2-8 Relevance, speculation 2 Overruled. Overruled. Sustained. If 28:24 to 29:3 is not included, sustained as incomplete and misleading. Overruled. Overruled. 20 43:10-14 21 58:13-17 Relevance, foundation, speculation Foundation; hearsay Sustained. No foundation. Sustained. DATED January 13, 2016. BY THE COURT: s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge 3

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