Kansas Bankers Surety Company v. Minden Exchange Bank & Trust

Filing 131

ORDER - This matter is before the Court on defendant's objections to plaintiff's deposition designations (Filing No. 111 ), defendant's objections to plaintiff's rebuttal deposition designations (Filing No. 112 ), and plaintiff&# 039;s objections to defendant's deposition designations and discovery designations (Filing No. 117 ). The Court has reviewed the objections, the corresponding designations (Filing Nos. 116 , 104 , 117 ), and the applicable law, and reserves ruling, until the time of trial, on all objections except as follows: IT IS SO ORDERED. Ordered by Senior Judge Lyle E. Strom. (TCL)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA THE KANSAS BANKERS SURETY COMPANY, ) ) ) Plaintiff, ) ) v. ) ) MINDEN EXCHANGE BANK & TRUST ) CO., ) ) Defendant. ) ______________________________)

8:07CV226

ORDER

This matter is before the Court on defendant's objections to plaintiff's deposition designations (Filing No. 111), defendant's objections to plaintiff's rebuttal deposition designations (Filing No. 112), and plaintiff's objections to defendant's deposition designations and discovery designations (Filing No. 117). The Court has reviewed the objections, the

corresponding designations (Filing Nos. 116, 104, 117), and the applicable law, and reserves ruling, until the time of trial, on all objections except as follows:

Van Norman Deposition Designation Objection Ruling Comment 58:10-12 Leading Overruled 114:4-11 Leading Overruled 6:17-20 Relevancy Overruled 71:4-6 Calls for Overruled Speculation 78:5 Non-Responsive Overruled Answer 81:5-15 Foundation, Overruled Speculation 85:21-24 Foundation, Overruled Speculation

85:25-86:3

Foundation, Speculation 86:9-13 Foundation, Speculation 88:23-89:10 Foundation, Speculation 89:11-17 Foundation 90:12-18 Foundation, Speculation 95:13-17 Speculation 96:5-18 Foundation, Speculation 96:22-97:7 Foundation, Speculation 97:8-17 Foundation, Speculation 97:18-98:1 Foundation, Speculation 98:2-9 Foundation, Speculation 98:10-19 Foundation, Speculation 98:20-99:4 Foundation, Speculation 99:5-12 Foundation, Speculation 100:5-13 Foundation, Speculation 101:9-15 Foundation, Speculation 104:22-24 Leading 105:5-6 Leading 108:3-16 Form, Speculation 114:4-11 Leading 117:12-20 Incomplete Hypo, Speculation

Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled Overruled

Osterbuhr Deposition Designation Objection Ruling Comment 46:19-48:1 Incomplete Sustained Must include entire Designation answer through 48:3 48:22 Compound Overruled Not Designated 48:22 Incomplete Overruled Not Designated Designation

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49:6-9 62:4-21 63:24-64:3

Incomplete Designation Incomplete Designation Incomplete Designation

Sustained Sustained Sustained

Must include entire answer through 49:14 Must include entire question from 61:18 Must include entire question from 63:8

Wilcox Deposition Designation Objection Ruling 25:19-26:18 Relevancy Overruled 27:16-19 Incomplete Sustained Designation 31:11-16 Incomplete Sustained Designation 32:13-33:5 Leading Overruled

Comment Must include entire question from 27:9 Must include entire answer from 31:18

Armstrong Deposition Designation Objection Ruling Comment 37:10-13 Incomplete Overruled Designation 83:14-20 Relevancy Overruled 84:4-9 Relevancy Sustained

Johnson Deposition Designation Objection Ruling Comment 24:1-14 Overbroad Sustained Includes question Designation without an answer. Stop at 24:8 28:6-21 Incomplete Sustained Must include question Designation from 28:2 or could begin at 28:7 43:1-2 Relevancy Sustained 43:15-44:4 Compound, Overruled Relevancy, Form 47:14-48:12 Incomplete Sustained Must include entire Designation question at beginning and answer at end. 47:9-48:14 48:15-23 Incomplete Sustained Must include entire Designation answer to 48:25

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IT IS SO ORDERED. DATED this 14th day of October, 2008. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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