Andersen v. Midland Lutheran College

Filing 72

ORDER on the parties' objections to testimony Nancy Harms, Ph.D., gave during her deposition on January 13, 2013. Ordered by Magistrate Judge Thomas D. Thalken. (BJC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HANS HAROLD ANDERSEN,
Plaintiff,

8:11CV93

vs.
ORDER
MIDLAND LUTHERAN COLLEGE,
n/k/a MIDLAND UNIVERSITY,
Defendant.
This matter is before the court on the parties’ objections to testimony Nancy
Harms, Ph.D., gave during her deposition on January 13, 2013. The court makes the
following rulings on the parties’ objections and the parties shall make the redactions in
the videotape deposition set forth below:
Page: Line
59: 9

71: 5
71: 19
72: 5
72: 24
73: 23
85: 13
86: 4
88: 4

Objection

Court’s Ruling

Improper
questioning of the
witness
from
a
deposition
Hearsay; move to
strike
Hearsay; foundation
Hearsay; foundation
Hearsay; foundation
Narrative

Overruled

Redaction
(page: line)
59: 9-11

Overruled

71: 5-6, 8-9

Overruled
Overruled
Overruled
Sustained

71: 19-20
72: 5-6
72: 24-25
73: 21 starting at
“first of all”-25
85: 13, 15
86: 4-5
88: 1-2, 4-13

Hearsay; foundation
Hearsay; foundation
Hearsay;
foundation; move to
strike
Hearsay; foundation

Overruled
Overruled
Overruled

Overruled

91: 9

Hearsay;
foundation; move to
strike
Hearsay; foundation

Sustained

93: 5

Foundation

Overruled

88: 24
89: 25

Overruled

88: 23-25
89: 1-2
89: 23, 25
90: 1-5
91: 9-25
92: 1-7
93: 5-6

93: 11
94: 17
94: 24
95: 9, 11
95: 18

96: 8
96: 16
96: 20
96: 23

Foundation
Relevance
Hearsay; foundation
Hearsay; foundation
Hearsay;
foundation; move to
strike
Relevance
Relevance
Relevance
Hearsay;
foundation, move to
strike

Overruled
Overruled
Overruled
Overruled
Overruled

93: 11-12
94: 16-18
94: 24-25
95: 9, 11
95: 18-19

Overruled
Overruled
Overruled
Overruled

96: 8, 10
96: 16
96: 20
96: 23-24

IT IS SO ORDERED.

Dated this 8th day of February, 2013.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge