Austin v. Rexon Industrial Corp. et al
Filing
111
ORDER re 99 , 102 Parties' Objections to Videotaped Deposition Designations (see order for details). Signed by District Judge Martin Reidinger on 8/28/2015. (khm)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00066-MR-DLH
MICHAEL STEVEN AUSTIN,
)
)
Plaintiff,
)
)
vs.
)
)
REXON INDUSTRIAL CORP. and
)
POWER TOOLS SPECIALISTS, INC., )
)
Defendants.
)
________________________________ )
ORDER
THIS MATTER is before the Court on the parties’ Objections to
Videotaped Deposition Designations [Docs. 99, 102].
Upon review of the parties’ designations and objections the Court
determines that the evidence will be admitted as follows. Any objections that
are sustained are for the reasons stated in the objection, unless otherwise
stated herein.
IT IS, THEREFORE, ORDERED that the parties’ objections are ruled
upon as follows:
Defendants’ Objections
I.
April 21, 2009 Deposition of George Ku
Page/Line
Ruling
55:9 to 55:21
Sustained
105:22-106:10
Sustained
144:5-145:5
Sustained
II.
July 13, 2010 Deposition of Anthony Borgatti
Page/Line
Ruling
58:24-60:7
Overruled subject to Plaintiff presenting adequate
foundation regarding his removal of blade guard
66:8-66:17
Sustained
107:6-107:25
Sustained
108:13-109:3
Sustained
109:4-109:15
Overruled subject to Plaintiff presenting adequate
foundation regarding his removal of blade guard
279:9-15
Sustained (from “excuse me”). Speculation.
279:25-280:7
Sustained
280:8-281:8
Overruled subject to showing that statement
constitutes admission of party opponent
281:9-14
Sustained
281:15-282:24
Overruled subject to showing that statement
constitutes admission of party opponent
283:14-285:6
Overruled, if authenticated
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III.
Deposition of Bob James
Page/Line
Ruling
25:23-25:16
Overruled
40:10-40:14
Overruled
40:21-41:6
Overruled
42:16-42:22
Overruled
44:1-44:7
Overruled
45:1-45:24
Overruled
B:174:18-B:175:12
Sustained
B:182:25-B:184:9
Sustained
B:184:10-184:21
Overruled
57:2-57:11
Sustained
57:12-16
Overruled
76:18-76-21
Sustained
98:18-99:19
Sustained
100:24-103:20
Sustained
108:15-109:4
Sustained
112:24-116:17
Sustained
154:14-158:2
Sustained, except as to 155:24-156:6
160:1-161:10
Sustained
3
169:20-170:21
Overruled subject to authentication
170:22-171:9
Overruled subject to admission of document
referencing insurance
174:6-174:17
Sustained
175:4-13
Overruled subject to admission of document
referencing insurance
175:15-176:3
Sustained
176:4-14
Overruled
176:16-22
Sustained
198:25-201:13
Sustained. Speculation and 403.
B218:18-B:219:18
Sustained
B219:19-21
Overruled
Plaintiff’s Objections
I.
June 24, 2014 Deposition of Bob James
Page/Line
Ruling
96:25-97:10
Sustained
The parties shall edit the videotaped depositions of these witnesses
accordingly.
As to any portions of the depositions allowed (objection overruled)
herein that pertain to a document, such ruling is dependent upon the
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admissibility and admission of the document. No copies of such document(s)
were provided to the Court by the parties, so no ruling thereon is made in
this order. If such document(s) are not admitted, then the portions of the
depositions related thereto must be edited out or otherwise deleted.
IT IS SO ORDERED.
Signed: August 28, 2015
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