Mann v. Mobile Media Enterprises

Filing 142

ORDER - Rulings on Filing No. 130 Plaintiff Objections to Defendant's Designations of Depositions for Trial. Ordered by Magistrate Judge F. A. Gossett. (TCL )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA Christopher S. Mann, Plaintiff, vs. Mobile Media Enterprises, LLC, Defendant. ) ) ) ) ) ) ) ) )

Case No. 8:07CV479

ORDER (Rulings on Filing No. 130)

PLAINTIFF CHRISTOPHER MANN'S OBJECTIONS TO DEFENDANT'S DESIGNATIONS OF DEPOSITIONS FOR TRIAL (Filing No. 130) 1. Plaintiff objects to Defendant's designation of Ross Mosher's entire deposition transcript . In addition, Plaintiff objects to : Page 60, line 5 ­ page 64, line 2 on the basis of hearsay. Page 64, line 10 ­ page 65, line 13 on the basis of hearsay and that it calls for speculation and lack of foundation. OVERRULED. Page 76, lines 18 ­ 20 on the basis of lack of foundation and that it calls for speculation. OVERRULED. Page 76, line 24 ­ page 80, line 13 on the basis of lack of foundation, calls for speculation, and hearsay. OVERRULED. Page 84, line 4 ­ page 86, line 2 on the basis of hearsay. OVERRULED. Page 87, lines 16 ­ 25 on the basis of form and hearsay. OVERRULED. Page 88, line 22 ­ page 89, line 3 on the basis of hearsay, relevancy, and calls for speculation. OVERRULED. Page 89, line 23 ­ page 90, line 3 on the basis of relevancy. OVERRULED. 2. With regard to Defendant's designations of Andrew Kloack's deposition, Plaintiff objects to: Page 15, line 22 ­ page 17, line 7 on the basis of relevancy. SUSTAINED AS TO RELEVANCY. Page 20, line 25 ­ page 21, line 11 on the basis of lack of foundation and it that it calls for speculation. OVERRULED. Page 21, line 12 ­ page 22, line 16 on the basis that it calls for speculation. OVERRULED. Page 27, line 2 ­ page 28, line 23 on the basis of hearsay, lack of foundation, and that it calls for speculation. SUSTAINED AS TO HEARSAY.

Page 30, lines 15 ­ 25 on the basis of the Rule of Completeness and hearsay. SUSTAINED. Page 31, line 10 ­ page 33, line 8 on the basis of hearsay and lack of foundation. SUSTAINED AS TO HEARSAY. Page 44, line 20 ­ page 46, line 1 on the basis of hearsay, lack of foundation, assumes facts not in evidence, and that it calls for speculation. SUSTAINED AS TO HEARSAY. Page 49, lines 3 ­ 7, on the basis of lack of foundation. OVERRULED. Page 52, line 18 ­ page 53, line 20 on the basis of relevancy. OVERRULED. 3. With regard to Defendant's designations of Christopher Mann's deposition, Plaintiff objects to: Page 41, lines 9-15 on the basis that line 9 is not the beginning of a question. SUSTAINED ON THE BASIS THAT LINE 9 IS NOT THE BEGINNING OF A QUESTION. Page 42, lines 13-16 on the basis that the question is argumentative and ambiguous. OVERRULED. Page 44, lines 21- 23 on the basis that it is a compound question. OVERRULED. Page 19 on the basis that no question is pending. SUSTAINED AS TO LINE 1. Page 21, line 1 on the basis that it is not a complete sentence. OVERRULED. 4. With regard to Defendant's designations of Steven Ellis, M.D.'s deposition, Plaintiff objects to: Page 11, lines 9 ­ 25 on the basis that it is irrelevant. OVERRULED. Page 12 on the basis that it is irrelevant. OVERRULED. Page 17 on the basis that it calls for speculation and the opinions stated are not stated to a reasonable degree of medical certainty. OVERRULED. Dated this 8TH day of June 2010. BY THE COURT: S/ F. A. Gossett United States Magistrate Judge