Dittmar v. City of North Las Vegas

Filing 186

Order Resolving and Ruling on Objections to Designated Deposition Testimony (ECF Nos. 184 , 185 ). (See pdf order for specifics.) Signed by Judge Jennifer A. Dorsey on 2/5/2024. (Copies have been distributed pursuant to the NEF - DRM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3 Pamela Dittmar,
4

Plaintiff

5 v.

Case No.: 2:17-cv-02916-JAD-BNW
Order Resolving Defendant’s Objections to
Designated Deposition Testimony

6 City of North Las Vegas,
7

[ECF No. 184]

Defendant

8

In the notices of deposition designations, the parties provided their objections to

9 designated deposition testimony. 1 Attached are the court’s rulings on defendant City of North
10 Las Vegas’s page-and-line objections, denoted next to the objection on the appropriate line of the
11 notice. The court will address the defendant’s “general-concerns” objections at today’s pretrial
12 conference.
13

Whether addressed by these rulings or not, when presenting deposition testimony at trial,

14 counsel must:
15

•

Exclude the internal objections and any discussion about or response thereto; and

16

•

Exclude attorney-to-attorney colloquy.

17
_______________________________
U.S. District Judge Jennifer A. Dorsey
February 5, 2024

18
19
20
21
22
23
1

ECF No. 184 (defendant’s objections); ECF No. 185 (plaintiff’s objections).

1
2
3
4
5
6
7

KAMER ZUCKER ABBOTT
R. Todd Creer
#10016
Kaitlin H. Paxton
#13625
6325 South Jones Boulevard, Suite 300
Las Vegas, Nevada 89102-1990
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
City of North Las Vegas
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

8
9
10
11
12
13
14

PAMELA DITTMAR,

)
)
Plaintiff,
)
)
vs.
)
)
CITY OF NORTH LAS VEGAS, a municipal )
corporation,
)
)
Defendant.
)
______________________________________ )

Case No. 2:17-cv-02916-JAD-BNW
COURT'S RULING ON
DEFENDANT CITY OF NORTH LAS
VEGAS’S OBJECTIONS TO
PLAINTIFF’S TRANSCRIPT
DESIGNATIONS FOR QIONG LIU’S
FEBRUARY 26, 2019 DEPOSITION

15

Pursuant to the Court’s January 17, 2024 Order Regarding Trial [ECF No. 163], Defendant

16

City of North Las Vegas (“the City” or “Defendant”), by and through its counsel of record, the law

17

firm of Kamer Zucker Abbott, submits the following objections to Plaintiff Pamela Dittmar’s

18

deposition designations for former City Manager for Defendant Qiong Liu [ECF No. 178].

19

As raised in the City’s Transcript Designations for Qiong Liu’s Deposition [ECF No. 169] and

20

its Trial Brief [ECF No. 168], Defendant objects to the submission of Liu’s deposition transcript at

21

trial, as Plaintiff’s sole reason for requesting the trial be continued from its September 2023 date was

22

due to Liu’s unavailability for the entire month of September, and Liu’s designation by Plaintiff as her

23

“key witness.” If, in fact, Liu never intended to make herself available for the trial while residing out

24

of state, the trial was unnecessarily delayed. Defendant has been prejudiced by that delay, resulting in

KAMER ZUCKER ABBOTT

Attorneys at Law

6325 South Jones Boulevard, Suite 300 • Las Vegas, NV 89118 • [phone]

Page 1 of 8

1

additional costs for trial preparation.

2

Further, Plaintiff’s designations should be excluded from trial because she missed the filing

3

deadline of Monday, January 29, 2024 at 12:00 p.m. by more than a day. Indeed, Plaintiff’s designations

4

were not filed until Tuesday, January 30, 2024 at 9:37 p.m. The parties were expressly cautioned in the

5

Order Regarding Trial that failure to provide the designations by the deadline could result in exclusion

6

of the testimony from trial. ECF No. 163 at 2-3. Further, such delay resulted in Defendant having

7

significantly less time to review the designations and prepare these objections.

8
9

Notwithstanding Defendant’s general concerns with the use of Liu’s deposition testimony at
trial, Defendant offers the following objections to Plaintiff’s designations:

10

1. P. 15, ll. 13-15 – Leading; OVERRULED

11

2. P. 15, ll. 16-18 – Asked and Answered; OVERRULED

12

3. P. 15, l. 19 through p. 16, l. 6 – Leading; OVERRULED

13

4. P. 18, l. 22 through p. 19, l. 1 – Improper characterization of evidence;
OVERRULED

14
15
16
17
18
19
20
21
22
23
24

5. P. 19, ll. 2-8 – Leading; SUSTAINED as to ll. 4-6; OVERRULED as to the rest
6. P. 19, ll. 9-21 – Leading; improper characterization of evidence; calls for legal
conclusion; SUSTAINED
7. P. 20, ll. 5-8 – Improper characterization of evidence; OVERRULED
8. P. 20, ll. 9-24 – Leading; improper characterization of evidence; calls for legal
conclusion; SUSTAINED
9. P. 20, l. 25 through p. 21, l. 2 – Leading; misstates testimony; OVERRULED
10. P. 22, ll. 19-21 – Leading, asked and answered; OVERRULED
11. P. 23, ll. 3-7 – Hearsay within hearsay; SUSTAINED
12. P. 23, ll. 13-14 – Hearsay; SUSTAINED
13. P. 23, ll. 15-19 – Hearsay within hearsay; SUSTAINED
KAMER ZUCKER ABBOTT

Attorneys at Law

6325 South Jones Boulevard, Suite 300 • Las Vegas, NV 89118 • [phone]

Page 2 of 8

1

14. P. 23, l. 23 through P. 24, l. 12*1 - Leading; calls for speculation; argumentative;

2

15. P. 24, ll. 14-18 – Incomplete designation that lacks a question; calls for speculation;

OVERRULED
SUSTAINED

3

16. P. 24, ll. 19-24 – Leading; argumentative; SUSTAINED

4

17. P. 25, ll. 6-13 – Unresponsive; OVERRULED

5

18. P. 26, l. 21 through 27, l. 4 – Unresponsive; hearsay; OVERRULED

6

19. P. 27, ll. 5-9 – Leading; OVERRULED

7

20. P. 27, l. 23 through p. 28, l. 19 – Hearsay; OVERRULED

8

21. P. 29, 7 through p. 30, l. 9 – Unresponsive; SUSTAINED - except for P. 29, ll. 7-14
through the word "change."

9
10

22. P. 30, l. 24 through p. 31, l. 21 – Leading; argumentative; OVERRULED

11

23. P. 32, l. 21 through p. 33, l. 7 – Speculative; irrelevant; OVERRULED

12

24. P. 33, ll. 19-25 – Lacks foundation, assumes facts not in evidence; SUSTAINED

13

25. P. 34, ll. 5-13 – Leading, calls for speculation; OVERRULED
26. P. 35, ll. 14-15 – Hearsay; SUSTAINED

14

27. P. 36, l. 20 through p. 37, l. 3 – Unresponsive; SUSTAINED

15

28. P. 37, ll. 8-10 – Misstates testimony; leading; OVERRULED

16

29. P. 37, ll. 12-21 – Unresponsive; SUSTAINED

17

30. P. 37, l. 22 through p. 38, l. 4 – Leading; OVERRULED

18

31. P. 38, ll. 5-12 – Leading; calls for legal conclusion; argumentative; improper

19

characterization of evidence; SUSTAINED

20

32. P. 39, ll. 4-9 – Leading, misstates testimony; OVERRULED as to ll. 4-5; SUSTAINED as
to ll. 6-9.

21
22

33. P. 39, ll. 19-23 – Unresponsive; SUSTAINED

23

34. P. 39, l. 24 through p. 40, l. 3 – Irrelevant; speculative; OVERRULED

24

1

Plaintiff’s list of designations does not include all of the lines highlighted in Plaintiff’s accompanying
transcript. To the extent she intended to include the additional highlighted lines, Defendant includes
objections to certain lines.
KAMER ZUCKER ABBOTT

Attorneys at Law

6325 South Jones Boulevard, Suite 300 • Las Vegas, NV 89118 • [phone]

Page 3 of 8

1

35. P. 40, ll. 4-12 – Unresponsive; speculative; OVERRULED

2

36. P. 40, ll. 13-19 – Leading; OVERRULED

3

37. P. 40, l. 20 through p. 41, l. 1 – Speculative; SUSTAINED

4

38. P. 41, ll. 1-4 – Leading; SUSTAINED

5

39. P. 42, l. 24 through 43, l. 4 – Leading; calls for a legal conclusion; improper

6

characterization of evidence; SUSTAINED

7

40. P. 43, ll. 12-13 – Unresponsive; SUSTAINED

8

41. P. 43, l. 24 through p. 44, l. 14 – Leading; misstates testimony; SUSTAINED

9

42. P. 45, ll. 1-13 – Leading; speculative; SUSTAINED as to ll. 1-8; OVERRULED as
to ll. 9-13.

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24

43. P. 47, ll. 4-9 – Leading; SUSTAINED
44. P. 47, ll. 10-19 – Calls for speculation; SUSTAINED
45. P. 47, ll. 20-22 – Leading; argumentative; SUSTAINED
46. P. 48, ll. 3-11 – Hearsay; asked and answered; OVERRULED
47. P. 48, ll. 12-21 – Leading; SUSTAINED
48. P. 49, ll. 5-20 – Misstates testimony; speculative; OVERRULED
49. P. 49, ll. 21-24 – Leading; OVERRULED
50. P. 49, l. 25 through p. 50, l. 6 – Calls for speculation; SUSTAINED
51. P. 50, l. 19 through p. 51, l. 9 – Hearsay; speculative; SUSTAINED
52. P. 51, ll. 20-21 – Speculative; SUSTAINED
53. P. 53; ll. 10-21 – Irrelevant; unresponsive; hearsay; OVERRULED
54. P. 55, ll. 6-11 – Incomplete designation that is lacking the question for context;
speculative; SUSTAINED
55. P. 55, ll. 12-13 – Attorney is testifying for the witness; SUSTAINED
56. P. 55, ll. 14-19 – Speculative; SUSTAINED
KAMER ZUCKER ABBOTT

Attorneys at Law

6325 South Jones Boulevard, Suite 300 • Las Vegas, NV 89118 • [phone]

Page 4 of 8

1

57. P. 56, ll. 6-10 – Leading, argumentative; OVERRULED

2

58. P. 57, ll. 1-4 – Unresponsive; SUSTAINED

3

59. P. 58, ll. 14-17 – Compound; Leading; SUSTAINED

4

60. P. 58, l. 18 through p. 60, l. 6 – Unresponsive; SUSTAINED

5

61. P. 61, ll. 2-11 – Leading; calls for speculation; SUSTAINED

6

62. P. 61, ll. 16-21 – Leading; unresponsive; SUSTAINED

7
8
9
10
11
12
13
14
15
16

63. P. 62, ll. 1-6 – Calls for speculation; SUSTAINED
64. P. 62, 7-19 – Leading; unresponsive; speculative; assumes facts not in evidence;
SUSTAINED

65. P. 62, l. 20 through p. 63, l. 6 – Leading; speculative; assumes facts not in evidence;
SUSTAINED

66. P. 63, l. 14 through p. 64, l. 2 – Calls for speculation; asked and answered; SUSTAINED
67. P. 64, ll. 10-16 – Leading; OVERRULED
68. P. 65, l. 22 through p. 66, l. 7 – Leading; SUSTAINED
69. P. 67, l. 22 through p. 68, l. 11 – Unresponsive; SUSTAINED
70. P. 68, ll. 16-19 – Unresponsive; SUSTAINED
71. P. 68, l. 20 through p. 69, l. 7 – Leading; SUSTAINED
72. P. 69, ll. 15-25 – Hearsay within hearsay; speculative; SUSTAINED

17

73. P. 70, ll. 3-10 – Leading, calls for legal conclusion; calls for speculation; SUSTAINED

18

74. P. 70, ll. 14-22 – Unresponsive; SUSTAINED

19

75. P. 70, l. 23 through p. 71, l. 8 – Leading; SUSTAINED

20

76. P. 71, ll. 9-13 – Leading; calls for legal conclusion; SUSTAINED

21

77. P. 71, l. 14 through p. 72, l. 21 – Leading; OVERRULED as to P. 71, ll. 14-24 through

22
23
24

the word "them," SUSTAINED as to the rest.

78. P. 72, l. 23 through p. 73, l. 9 – Unresponsive; OVERRULED
79. P. 73, ll. 10-21 – Irrelevant; hearsay; SUSTAINED
80. P. 73, l. 22 through p. 75, l. 22 – Assumes facts not in evidence; calls for speculation;

KAMER ZUCKER ABBOTT

Attorneys at Law

6325 South Jones Boulevard, Suite 300 • Las Vegas, NV 89118 • [phone]

Page 5 of 8

1

unresponsive; hearsay; SUSTAINED

2

81. P. 75, l. 23 through p. 76, l. 5 – Hearsay; OVERRULED

3

82. P. 76; ll. 6-7 – Unresponsive; SUSTAINED

4

83. P. 77, l. 7 through p. 78, l. 8 – Topic of spoliation subject to dispute argued within trial briefs;

5
6
7

irrelevant; more prejudicial than probative; OVERRULED

84. P. 79, ll. 2-12 – Hearsay; SUSTAINED
85. P. 80, ll. 15-25 – Hearsay; leading; lacks foundation; more prejudicial than probative;
SUSTAINED

8

86. P. 81, ll. 12-20 – Hearsay; leading; SUSTAINED

9

87. P. 83, ll. 1-11 – Hearsay within hearsay; SUSTAINED

10
11
12
13
14
15
16
17
18

88. P. 83, l. 22 through p. 84, l. 6 – Hearsay; leading; irrelevant; speculative; in violation of the
order on motion in limine as it is lacking presentation of proof SUSTAINED

89. P. 84, l. 20 through p. 85, l. 5 – Hearsay; leading; irrelevant; speculative; in violation of the
order on motion in limine as it is lacking presentation of proof; SUSTAINED

90. P. 85, l. 24 through p. 86, l. 3 – Hearsay; leading; lacks foundation; OVERRULED
91. P. 88, l. 22 through p. 89, l. 3 – Hearsay; leading; irrelevant; speculative; in violation of the
order on motion in limine as it is lacking presentation of proof and references the EMRB
trasncript; lacks foundation from prior lines that are also in violation; SUSTAINED

92. P. 90, l. 19 through p. 91, l. 6 – Calls for speculation; leading; assumes facts not in
evidence; unresponsive; SUSTAINED

19

93. P. 91, ll. 18-23 – Calls for speculation; SUSTAINED

20

94. P. 94, ll. 14-22 – Unresponsive; speculative; SUSTAINED

21

95. P. 99, ll. 16-23 – Speculative; hearsay; OVERRULED

22

96. P. 109, l. 20 through p. 110, l. 25 – Unresponsive; OVERRULED

23

97. P. 111, l. 17 through p. 112, l. 24 – Unresponsive; OVERRULED

24

KAMER ZUCKER ABBOTT

Attorneys at Law

6325 South Jones Boulevard, Suite 300 • Las Vegas, NV 89118 • [phone]

Page 6 of 8

1

98. P. 118, l. 8 through 119, l. 8 – Unresponsive; speculative; SUSTAINED

2

99. P. 124, l. 23 through p. 125, l. 2 – Unresponsive; in violation of the order on motion in

3
4

limine as it is lacking presentation of proof SUSTAINED
100.

P. 126, l. 19 through p. 127, l. 3 – Unresponsive; SUSTAINED

5

101. P. 130, l. 131, l. 18 – Unresponsive; OVERRULED (no line number given for start of
range)

6

102.

7

P. 136, l. 12-21 – Compound; leading; SUSTAINED

DATED this 2nd day of February, 2024.

8

Respectfully submitted,

9

KAMER ZUCKER ABBOTT
By:

10
11
12
13

/s/Kaitlin H. Paxton
R. Todd Creer
#10016
Kaitlin H. Paxton
#13625
6325 South Jones Boulevard, Suite 300
Las Vegas, Nevada 89118
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
City of North Las Vegas

14
15
16
17
18
19
20
21
22
23
24

KAMER ZUCKER ABBOTT

Attorneys at Law

6325 South Jones Boulevard, Suite 300 • Las Vegas, NV 89118 • [phone]

Page 7 of 8