ZAGKLARA v. SPRAGUE ENERGY CORP

Filing 222

ORDER REGARDING THE DEPOSITON DESIGNATIONS OF CAPTAIN SOLENKOV re 209 Response to Objections of Capt. G. Solenkov, 212 Deposition Designation & Objections to Capt. Solenkov, 217 Response to Objections to Designations of Capt. Solenkov Deposition By JUDGE GEORGE Z. SINGAL. (lrc)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

EIRINI ZAGKLARA, individually and
as personal representative of the estate of
IOANNIS ZAGKLARAS,
Plaintiff,
v.
SPRAGUE ENERGY CORP.,
Defendant & Third Party
Plaintiff,
v.
LEOPARD SHIPPING et al.,
Third Party Defendants.

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) Docket no. 2:10-cv-445-GZS
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ORDER REGARDING THE DEPOSITON DESIGNATIONS OF CAPTAIN SOLENKOV
Before the Court are Plaintiff’s Objections & Counter Designations to the Video
Deposition of Captain Solenkov (ECF No. 212), Third Party Defendant’s Response (ECF No.
209), and Defendant’s Response (ECF No. 217).
Having reviewed the transcript of the deposition (ECF No. 209-1), the Court now rules as
follows:
Page 69, line 11 through Page 70, line 9 – Plaintiff’s Objection
Overruled. Having reviewed Defendant’s Exhibit 20, the Court will admit this exhibit over
Plaintiff’s objection and, therefore, will allow this testimony.

Page 107, line 6 through Page 107, line 17 – Plaintiff’s Objection
Overruled. The Court declines Plaintiff’s invitation to exclude this evidence under F.R.E. 402,
403 & 702.
Page 11, line 13 through Page 12, line 5 – Defendant’s Objection
Overruled. The designated portion is relevant.
Page 13, line 10 through Page 14, line 15 – Defendant’s Objection
Overruled. The full designated portion is relevant and an adequate foundation established.
Page 34, line 20 through Page 35, line 15 – Defendant’s Objection
Overruled. Admissible as designated by Plaintiff.
Page 41, line 24 through Page 42, line 15 – Defendant’s Objection
Overruled. The designated portion is relevant.
Page 46, line 21 through Page 47, line 23 –Defendant’s Objection
Overruled. Defendant’s objections under F.R.E. 402, 403 & 602 are without merit.
Page 48, line 23 through Page 49, line 16 –Defendant’s Objection
Overruled. Defendant’s objections under F.R.E. 402, 403 & 602 are without merit.
Page 60, line 15 through Page 61, line 4 –Defendant’s Objection
Sustained in light of speaking objection and witnesses’ expression of lack of recollection.
Page 75, lines 6 through 14 –Defendant’s Objection
Overruled. Defendant’s proposed counter designation is excluded under F.R.E. 602.
Page 102, line 11 through Page 103, line 12 –Defendant’s Objection
Sustained under F.R.E 403 & 602.

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Page 104, lines 8 through 12 –Defendant’s Objection
Overruled.

Defendant’s objections under F.R.E. 402, 403 & 602 are without merit and

foundation is established.
Page 104, line 13 through Page 105, line 13 –Defendant’s Objection
Overruled.

Defendant’s objections under F.R.E. 402, 403 & 602 are without merit and

foundation is established.
As explained herein, the Objections to the Parties’ Designations of the Deposition of
Captain Solenkov (ECF Nos. 212, 217 & 209) are GRANTED IN PART & DENIED IN PART.
SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 9th day of April, 2013.

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