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, )

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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 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 2

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