Batenhorst et al. v. Eckmann

Filing 52

ORDER - The objections to the deposition of Dr. Daniel Schaper, Filling No. 51 , are granted in part and denied in part as set forth herein. Ordered by Judge Joseph F. Bataillon. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JON B. BATENHORST and MINDY
BATENHORST, Husband and Wife;
8:12CV131
Plaintiffs,
vs.

ORDER

RHETT J. ECKMANN, M.D.;
Defendant.

This matter is before the court on motion to rule on certain objections to
deposition testimony prior to trial regarding the deposition of Dr. Daniel Schaper, Filing
No. 51. The court has carefully reviewed the matter, and finds as follows:
1.

The objection to 37:24 is overruled.

2.

Objections, including 38:17, 39:18, 41:4, 42:2,13,20, 44:20, all relate to
photographs. The court assumes proper foundation will be laid for these
pictures prior to admission of this deposition. Accordingly, the objections
are overruled subject to reassertion at trial, if the respective exhibits are
not already in evidence.

3.

The objection to 47:14 is sustained.

4.

The objection to 49:1 is overruled.

5.

The objection to 59:17-25 is overruled.

6.

The objection to 60:21-62:3 is sustained.

THEREFORE, IT IS ORDERED that the objections to the deposition of Dr. Daniel
Schaper, Filling No. 51, are granted in part and denied in part as set forth herein.
Dated this 14th day of November, 2013.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge