Schniedwind v. American Family Mutual Insurance Company

Filing 82

ORDER Regarding Plaintiff's Objections to Defendant's Counter-Designation of Deposition Testimony of American Family Mutual Insurance Company's 30(b)(6) Representative Kenneth Ray Caudill re: 73 . Signed by Judge Philip A. Brimmer on 01/13/16. (jhawk, )

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 MUTUAL INSURANCE COMPANY’S 30(b)(6) REPRESENTATIVE,
KENNETH RAY CAUDILL

This matter comes before the Court on Plaintiff’s Objections to Defendant’s
Counter-Designations of Deposition Testimony of American Family Mutual Insurance
Company’s 30(b)(6) Representative, Kenneth Ray Caudill [Docket No. 73]. The Court
rules as follows on plaintiff’s objections:
Item
#
1

Testimony

Objection

15:25-16:12

No objection

2

16:23-18:14

No objection

3

19:22-25

No objection

4

20:2

No objection

5

46:20-23

Nonresponsive

Ruling

Overruled.

6

50:6-17

Cumulative (testimony
previously designated without
objection by Plaintiff: 50:3-20)

Sustained.

7

64:16-65:1

Foundation; speculation

Overruled.

8

68:25-69:5

Overruled.

9

71:18-72:6

Hearsay; Incomplete;
Plaintiff’s counsel clarified the
answer given on 69:5 with a
further question; Will withdraw
objection to completeness if
69:6-7 is added
Speculation; hearsay;
nonresponsive; improper
opinion testimony

10

73:2-25

Sustained.

11

74:3-7

12

74:23-75:16

Cumulative, this identical
passage was designated by
Plaintiff and was objected to
by Defendant (see doc. 65,
item #57).
Cumulative (testimony
previously designated by
Plaintiff: 74:3- 74:18, Doc. 65,
item # 58)
No objection

13

75:21-23

No objection

14

82:3-83:16

Cumulative (testimony
previously designated by
Plaintiff: 82:7-84:1); no
objection to the addition of
82:3-6

Sustained. Nonresponsive.

Sustained.

Assuming plaintiff adds 82:3 to
82:6, sustained.

DATED January 13, 2016.

BY THE COURT:

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