Pahl et al v. Robinson

Filing 128

ORDER regarding 116 Defendant's Amended Objections to Plaintiffs' Deposition Designations. Ordered by Judge Clay D. Land on 09/1/2009. (lra)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION PAUL PAHL and AMANDA PAHL, Plaintiffs, vs. KING DAVID ROBINSON, Defendant. * * * * * * ORDER Below are the rulings on Defendant's Amended Objections to Plaintiffs' Deposition Designations (Doc. 116).1
Designation Aaron Bordeau2 - 11:13-20 Tyler Morris3 - 11:13-21 Tyler Morris ­ 16:5-16:24 Tyler Morris - 16:25-17:11 Tyler Morris ­ 17:12-13 Objection Unresponsive Unresponsive Unresponsive Hearsay 4 Unresponsive Ruling Overruled Overruled Overruled Sustained Overruled

CASE NO. 4:08-CV-112 (CDL)

The following depositions will not be read/played at trial: (1) Dr. Alluri Raju; (2) Thomas Buff; (3) Samantha Wessner; and (4) Paul Hanover. The parties had no objections to the deposition designations of John Cox. The parties took a trial deposition of Mr. Bordeau. not made on the record were waived. The parties took a trial deposition of Mr. Morris. not made on the record were waived.
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Any objections Any objections

Although Plaintiffs contend that Defendant's hearsay objection was untimely raised in the record, the Court finds otherwise.

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Designation Tyler Morris - 31:8-23 Larry Stages6 - 10:5-9 Larry Stages - 10:10-15 Larry Stages - 13:24-14:18 Larry Stages - 15:10-13 Larry Stages - 15:18-23 Larry Stages - 18:11-27:21 Larry Stages - 43:24-44:21 Larry Stages - 44:22-25 Larry Stages - 45:1-45:6 Joseph Ceravolo11 - 17:22-20:25

Objection Argumentative 5 Speculative Speculative 7 Speculative Leading Improper Opinion8 Speculative Leading 9 Leading Leading10 Irrelevant

Ruling Overruled Withdrawn by Plaintiffs Overruled Overruled Withdrawn by Plaintiffs Overruled Overruled Overruled Withdrawn by Plaintiffs Overruled Overruled

Defendant also objected on relevancy grounds. However, Defendant did not preserve this objection on the record. Therefore, Defendant waived this objection. The parties took a trial deposition of Mr. Stages. not made on the record were waived.
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Any objections

Defendant did not preserve his speculation objection on the record. Therefore, Defendant waived this objection. Defendant did not preserve his improper opinion objection on the record. Therefore, Defendant waived this objection. Defendant did not preserve his leading objection on the record. Therefore, Defendant waived this objection. Defendant did not preserve his leading objection on the record. Therefore, Defendant waived this objection. The parties took a trial deposition of Dr. Ceravolo. Any objections not made on the record were waived.
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Designation Joseph Ceravolo - 28:24 Joseph Ceravolo - 39:21-41:15 Joseph Ceravolo - 51:5-21 Joseph Ceravolo - 51:22-52:7 Sean Collinsworth15 - 9:8-20 Sean Collinsworth - 32:7-33:19 Sean Collinsworth - 33:20-34:5 Sean Collinsworth - 88:20-89:5 Sean Collinsworth - 89:6-17 Sean Collinsworth - 89:18-90:3 Sean Collinsworth - 99:9-20 Sean Collinsworth - 106:22-107:2 Sean Collinsworth - 107:17-108:2 Sean Collinsworth - 108:13-109:1
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Objection Misleading Speculative13 Legal Conclusion14 Legal Conclusion Irrelevant Improper Opinion16 Improper Opinion Irrelevant Irrelevant Irrelevant17 Improper Opinion Improper Opinion Improper Opinion Improper Opinion

Ruling Overruled but with Caveat12 Overruled Overruled Withdrawn by Plaintiffs Withdrawn by Plaintiffs Overruled Sustained Overruled Withdrawn by Plaintiffs Sustained Overruled Overruled Overruled Overruled

If the trial deposition contains the word "complained," then this line of questioning/testimony is excluded. Defendant did not preserve his speculation objection on the record. Therefore, Defendant waived this objection. Defendant did not preserve his legal opinion/conclusion objection on the record. Therefore, Defendant waived this objection. The parties took a discovery deposition of Mr. Collinsworth. The parties had no obligation to put objections (other than to form/responsiveness) on the record. Defendant also made an objection on the grounds that the testimony was unresponsive. Defendant did not preserve this objection on the record. Therefore, this objection was waived. Plaintiffs object to Defendant's deposition designation at 89:1890:3 on the grounds that the line of questioning/testimony is irrelevant to the case.
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Designation Sean Collinsworth - 110:17-112:2 Sean Collinsworth - 113:3-7 Sean Collinsworth - 113:8-24

Objection Irrelevant Irrelevant Irrelevant

Ruling Sustained Withdrawn by Plaintiffs Overruled

IT IS SO ORDERED, this 1st day of September, 2009.

S/Clay D. Land CLAY D. LAND UNITED STATES DISTRICT JUDGE

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