Johnny v. Bornowski et al
Filing
180
ORDER ruling parties' objections to the deposition designations of Murray Underwood and Brandon Wade. Signed on 9/20/12 by Chief District Judge Fernando J. Gaitan, Jr. (Enss, Rhonda)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
OSCAR L. JOHNNY, JR.,
Plaintiff,
v.
LARRY BORNOWSKI and
STAMPEDE CARRIERS, LLC,
et al.,
Defendants.
)
)
)
)
) Case No. 10-04008-CV-FJG
)
)
)
)
)
ORDER
Currently pending before the Court are the parties’ objections to the deposition
designations of Murray Underwood and Brandon Wade. The Court hereby rules as
follows:
Defendants’ Objections to Plaintiff’s Designations
(Doc. No. 132)
MURRAY UNDERWOOD
PAGE REFERENCE
Page 43, lines 3-7
OBJECTION
Foundation, calls for
speculation, ultimate issue,
invades the province of the
jury (whether Bornowski
was going too fast)
RULING
SUSTAINED
Plaintiff’s Objections to Defendants’ Designations
(Doc. No. 133)
MURRAY UNDERWOOD
PAGE REFERENCE
P. 5; lines 4-8
OBJECTION
Not a question
RULING
SUSTAINED
P. 5; line 17 to P. 6; line 5
Non-responsive
SUSTAINED
P. 6; lines 6-14
Foundation
OVERRULED
P. 6; lines 6-18
Not a question; NonResponsive; Relevance;
Vague and ambiguous
SUSTAINED
P. 6; line 25 to P. 7; line 2
Not a question; NonResponsive
SUSTAINED
P. 7; lines 3-12
Foundation
SUSTAINED
P. 7; line 17 to P. 8; line 15
Foundation
SUSTAINED
P. 8; lines 12-15
Not a question; NonResponsive; Foundation
SUSTAINED
P. 8; line 20 to P. 9; line 1
Foundation
SUSTAINED
P. 9; lines 4-10
Foundation
SUSTAINED
P. 9; lines 11-18
Hearsay; Foundation
OVERRULED
P. 9; lines 18-21
Foundation
OVERRULED
P. 9; line 22 to P. 10; line
14
P. 10; lines 15-19
Foundation
SUSTAINED
Foundation
OVERRULED
P. 12; lines 16-20
Relevance
OVERRULED
P. 13; lines 2-9
Relevance
SUSTAINED
P. 14; line 21 to P. 15; line
23
P. 15; line 25 to P. 16; line
24
P. 17; lines 2-4
Foundation; Relevance
OVERRULED
Foundation; Relevance
OVERRULED
Foundation
SUSTAINED
P. 17; line 7 to P. 18
Foundation; Relevance;
Form
SUSTAINED
P. 18; line 15 to P. 20 line
25
Foundation; Relevance;
Form
OVERRULED
2
P. 21; lines 3-13
Foundation; Relevance;
Form
OVERRULED
P. 21; line 17 to P. 22; line
24
P. 22; lines 21-24
Relevance
OVERRULED
Relevance
OVERRULED
P. 23; line 2 to P. 24; line
13
P. 25; line 5 to P. 26; line
18
Relevance
OVERRULED
Foundation; Relevance;
Form
OVERRULED
P. 26; line 18 to P. 29; line
23
P. 30; line 3 to P. 32; line
18
P. 32; line 23 to P. 33; line
12
Foundation; Relevance
OVERRULED
Foundation; Relevance
OVERRULED
Foundation; Relevance
OVERRULED
BRANDON WADE
PAGE REFERENCE
OBJECTION
RULING
P. 5; lines 8-15
Relevance
OVERRULED
P. 5; line 24 to P. 6; line 3
Relevance; Foundation
SUSTAINED
P. 6; lines 11-21
Relevance
SUSTAINED
P. 6; line 25 to P. 7; line 2
Relevance
OVERRULED
P. 7; line 21 to P. 8; line 21
Relevance; Foundation
OVERRULED
P. 9; lines 6-24
Relevance; Foundation;
Speculation
SUSTAINED
P. 10; lines 3-25
Relevance
OVERRULED
P. 11; lines 12-25
Foundation; Relevance
OVERRULED
P. 13; line 1 to P. 14
Relevance
OVERRULED
P. 14; line 24 to P. 16; line
25
P. 17; lines 1-25
Relevance
SUSTAINED
Relevance
OVERRULED
3
P. 18; line 1 to P. 19; line
24
P. 20; lines 10-13
Foundation; Relevance
SUSTAINED
Not a question
SUSTAINED
P. 24; lines 2-5
Foundation
SUSTAINED
P. 24: lines 8 - 18
“It” Non-Responsive
OVERRULED
P. 24: lines 12-25
Form; Leading; Foundation
SUSTAINED
P. 25: lines 4-8
Foundation
SUSTAINED
P. 26: lines 7-12
Leading; Foundation
OVERRULED
P. 26: lines 15-19
Leading; Foundation;
Relevance
SUSTAINED
P. 27: lines 3-11
Leading; Foundation;
Relevance
SUSTAINED
Date: September 20, 2012
Kansas City, Missouri
S/ FERNANDO J. GAITAN, JR.
Fernando J. Gaitan, Jr.
Chief United States District Judge
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?