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)

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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 2 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 4 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 5

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