Kephart v. Ford Motor Company

Filing 103

ORDER ruling defendant's revised objections to plaintiff's deposition designations as submitted to the Court on September 21, 2009 via facsimile transmission, in relation to Defendant's Objections to Plaintiff's Deposition Designations 62 . Signed by Chief District Judge Fernando J. Gaitan, Jr. on 9/25/09. (Enss, Rhonda)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION
LARRY KEPHART, Plaintiff, v. FORD MOTOR COMPANY, Defendant. ) ) ) ) ) No. 08-00448-CV-W-FJG ) ) ) ) ORDER Pending before the Court are defendant's revised objections to plaintiff's deposition designations as submitted to the Court on September 21, 2009 via facsimile transmission, in relation to Defendant's Objections to Plaintiff's Deposition Designations (Doc. No. 62). The Court rules as follows:

Proposed Designation 1. Deposition of Donald Wood P. 41, lines 12-15 and 18-21

Objection

Hearsay, vague and ambiguous, speculation RULING: SUSTAINED Vague and ambiguous, speculation RULING: OVERRULED Speculation, legal conclusion, vague and ambiguous RULING: OVERRULED Speculation RULING: SUSTAINED

P. 44, lines 7-12, and 15 P. 49, lines 4-6, 10-14, and 16

P. 52, lines 6-9, 12, and 18-23

2. Deposition of Scott Williams P. 29, lines 16-19 Speculation, argumentative RULING: OVERRULED

3. Deposition of Christopher Fenner P. 31, lines 2-25 P. 32, lines 1-16 Hearsay RULING: SUSTAINED

Hearsay, speculation, vague and ambiguous, compound RULING: SUSTAINED Hearsay, speculation, vague and ambiguous RULING: SUSTAINED Hearsay, speculation, vague and ambiguous RULING: SUSTAINED Speculation RULING: SUSTAINED Speculation, argumentative RULING: SUSTAINED Speculation, legal conclusion RULING: SUSTAINED Speculation, legal conclusion RULING: SUSTAINED Speculation, legal conclusion RULING: SUSTAINED Speculation, legal conclusion RULING: SUSTAINED

P. 35, lines 19-24

P. 36, lines 1-3

P. 36, lines 13-16, and 19 P. 37, lines 8, 11-15, and 17 P. 37, lines 18-21, and 24-25 P. 38, lines 1-3, and 6-7 P. 39, lines 10-13, 16-21, and 24-25 P. 40, lines 1-7, and 10

2

4. Deposition of Brett Neal P. 83, lines 5-8, 11-15, and 18 P. 84, lines 6-9, and 12-14 P. 86, lines 3-6, and 9-11 P. 90, lines 19-25 P. 91, lines 1-2, and 6-7 P. 91, lines 8-11, 14-19, and 21-23 P. 92, lines 19-23 P. 93, lines 1-6, and 9-11 P. 100, lines 3-8, 11-18, and 21-25 P. 101, lines 1-5, and 8-11 Speculation, legal conclusion RULING: OVERRULED Speculation RULING: OVERRULED Speculation RULING: OVERRULED Speculation, vague and ambiguous RULING: OVERRULED Speculation, vague and ambiguous RULING: OVERRULED Speculation RULING: OVERRULED Speculation RULING: SUSTAINED Speculation RULING: SUSTAINED Speculation RULING: OVERRULED Speculation RULING: SUSTAINED

IT IS SO ORDERED. Date: 09/25/09 Kansas City, Missouri S/ FERNANDO J. GAITAN, JR. Fernando J. Gaitan, Jr. Chief United States District Judge

3