Federal Insurance Company et al v. Mertz, Jr. et al

Filing 220

OPINION & ORDER: Based on the parties' objections to the admissibility of the testimony of Sarah Brogan, the Court makes the following rulings, as set forth in this Order. (Signed by Judge Nelson Stephen Roman on 4/25/2016) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

FEDERAL INSURANCE CO., GREAT
NORTHERN INSURANCE COMPANY, and
PACIFIC INDEMNITY COMPANY,

Plaintiffs,
12-cv-1597-NSR-JCM
OPINION & ORDER

-against-

PAUL H. MERTZ, JR., THE MERTZ
COMPANY, and DENNIS SORGE,

Defendants.
NELSON S. ROMAN, United States District Judge
Based on the pmties' objections to the admissibility of the testimony of Sarah Brogan, the
Court makes the following rulings:
Page(s):Line(s)
43:2-11
44:23 to 45:5
58:2 to 62:22

Objection
Incomplete, ambiguous
Non-Responsive, move to
Asked and Answered

Ruling
N"ot Offered
N"ot Offered
58:2 -25 - Sustained; 62:4-22 - Sustained;
Overruled as to remaining lines

64:16 to 67:13
73:19 to 74:10
77:2-3
77:6-17
79:24 to 80:20
81:15-17

Objecting
Federal

Asked and Answered
Edit out as irrelevant
Irrelevant, incomplete,
Non-Responsive, move to
Non-Responsive, move to
Edit out as irrelevant

Overruled
N"ot Offered
Not Offered
Sustained
Not Offered
Sustained

USDCSDNY
DOCUMENT
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Objecting

Hearsay

34: 11-13 (up to and including the word,
"work") - Sustained; Overruled as to remaining
lines

Form

36:4 - Sustained - Non-Responsive; Overruled
as to remaining lines

55:5-14

Hearsay

Sustained

102:4-12

Dated:

Ruling
Not Offered
Overruled
Not Offered
Sustained
Sustained
Sustained
Sustained
Sustained
Not Offered
Overruled
Not Offered
Not Offered
Overruled
Overruled
Overruled
Overruled
Overruled
Overruled
Sustained
33: 11-15- Sustained; Overruled as to
remaining lines

35:22-36:4

Mertz

Objection
ncomplete, ambiguous
Ambiguous
Edit out, withdrawn
Rule 608(a), irrelevant
Irrelevant
Rule 608(a), irrelevant
Edit out, withdrawn
Hearsay
Asked and Answered
Vouching
Foundation, irrelevant
nelevant
Rorm
Form
"orm
Form
Hearsay
Form
Hearsay
Hearsay

34:8-16

Sorge

'agc(s):Linc(s)
81 :22-25
82: 17-21
89:9-10
93:14 to 94:4
94:5-22
94:23 to 95:10
95: 13-23
96:9-15
96:20-25
97:8 to 98:6
98:7-21
99:8-20
28:20-25
102:4-12
1
3:4-11
26:3-22
27:16-20
)8:20-25
31:12-32:4
33:8-15

"'orm

Overruled

April

i.(, 2016

White Plains, New York

.ROMAN