Utica Mutual Insurance Company v. Fireman's Fund Insurance Company

Filing 422

DECISION & ORDER regarding Bradshaw and Konkel deposition testimony. Signed by Judge David N. Hurd on 11/28/2017. (see)

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------UTICA MUTUAL INSURANCE COMPANY, Plaintiff, -v- 6:09-CV-853 FIREMAN'S FUND INSURANCE COMPANY, Defendant. -------------------------------APPEARANCES: OF COUNSEL: SIDLEY AUSTIN LLP Attorneys for Plaintiff One South Dearborn Street Chicago, IL 60603 WILLIAM M. SNEED, ESQ. THOMAS D. CUNNINGHAM, ESQ. WILLIAMS LOPATTO PLLC Attorneys for Defendant 1707 L Street NW Suite 550 Washington, DC 20036 JOHN B. WILLIAMS, ESQ. MARY A. LOPATTO, ESQ. DAVID N. HURD United States District Judge DECISION and ORDER Plaintiff Utica Mutual Insurance Company and defendant Fireman's Fund Insurance Company have submitted the depositions of witnesses E. Barry Bradshaw and Gerald P. Konkel in advance of their use at trial in this matter. The parties have identified their designations, counter-designations, supplemental designations, and corresponding objections to those depositions. 1 After reviewing the depositions and objections thereto, the following rulings are made with respect to all objections: E. Barry Bradshaw 5/12/2014 Plaintiff's Designations Defendant's Objections 99:9-100:7 Sustained 103:17-104:17 Overruled 105:19-24 Overruled 106:3-107:12 Overruled 107:16-109:19 Overruled 110:6-13 Overruled 110:21-113:11 Overruled 113:15-117:17 Overruled Defendant's Counter-Designations Plaintiff's Objections 18:19-22 Sustained 24:22-25:21 Sustained 26:10-15 Sustained 40:19-25 Sustained 41:20-42:6 Sustained 85:20-86:10 Sustained 88:23-89:2 Sustained 1 Those filings are docketed at ECF Nos. 377, 402, 410, and 417. To the extent any portion of the courtesy copies of the transcripts (with color coded designations, cross-designations, and objections) are inconsistent with the aforementioned court filings, the court filings have been treated as controlling for purposes of this decision. -2- 91:14-15 Sustained 92:13-93:4 Overruled 121:7-13 Overruled E. Barry Bradshaw 6/12/2008 Defendant's initial response (ECF No. 402) to plaintiff's designations of Bradshaw's 6/12/2008 deposition included no specif ic objections or counter-designations, but rather a general objection to the use of this deposition under Federal Rule of Evidence 804 and an objection based on irrelevance. However, in a courtesy copy submitted to the Court on 11/28/17 in advance of the Bradshaw testimony being read into the record, defendant has lodged the following two specific objections: Plaintiff's Designations Defendant's Objections 24:19-25:7 Overruled 26:2-5 Overruled Gerald P. Konkel 3/31/2014 Plaintiff's Designations Defendant's Objections 63:9-64:6 Sustained 71:14-16 Sustained 71:21-72:15 Sustained 72:20-73:2 Sustained -3- 95:3-97:22 Sustained 147:18-148:5 Sustained 149:7-150:1 Sustained 156:2-157:1 Sustained 158:7-18 Sustained 160:22-162:8 Sustained Defendant's Counter-Designations Plaintiff's Objections 20:13-18 Overruled 20:21-21:6 Overruled 73:2-5 Sustained 80:11-19 Overruled 83:13-16 Overruled 86:10-14, 18-22 Overruled 90:21-91:22 Overruled 93:20-94:6 Overruled 150:8-13 Sustained The parties are directed to conform the deposition testimony in accordance with this decision. An updated courtesy copy for the Court is not needed. -4- Going forward, as the parties identify deposition testimony to be used the following day at trial, they are directed to confer and produce one courtesy copy for the Court which identifies (in the same color coded manner as was done with Bradshaw and Konkel) the parties' designations and all objections thereto. IT IS SO ORDERED. Dated: November 28, 2017 Utica, New York. -5-

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