Tucker v. Cascade General, Inc. et al

Filing 169

ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS - (re: documents 128 , 95 and 89 ). Dated this 9th day of November, 2011, by U.S. Magistrate Judge John V. Acosta. (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
PHILIP TUCKER and TONI HOTTEN,
husband and wife,
Plaintiffs,

CV 09-1491-AC
ORDER ON OBJECTIONS TO
DEPOSITION DESIGNATIONS

v.
CASCADE GENERAL, INC., an Oregon
corporation, and UNITED STATES OF
AMERICA,
Defendants.
ACOSTA, Magistrate Judge
This order addresses the parties' proposed deposition designations, which appears in the
court file as Docket No. 95 (Plaintiffs' deposition designations) and Docket No. 89 (United
States' deposition designations). Cascade General did not file proposed deposition designations.
PLAINTIFFS' DEPOSITION DESIGNATIONS

No objections were submitted by Defendants to Plaintiffs' designation of excerpts from
the deposition of Darren Stevens.

Page 1 - ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS

CASCADE GENERAL'S DEPOSITION DESIGNATIONS
Cascade General did not designate any deposition testimony.
UNITED STATES' DEPOSITION DESIGNATIONS
I.

Plaintiffs' Objections
A.

Dr. David Adler
RULING: OVERULED as to hearsay. Plaintiffs do no specify which portions
of the designated excerpts are objectionable hearsay. SUSTAINED as to witness
availability. Deposition excerpts may be used on as allowed under Federal Rule
of Evidence ("Rule") 32.

B.

Robert Baker
RULING: OVERULED as to hearsay. Plaintiffs do no specify which pOliions
of the designated excerpts are objectionable hearsay. SUSTAINED as to witness
availability. Deposition excerpts may be used on as allowed under Federal Rule
of Evidence ("Rule") 32.

C.

Roger Braun
RULING: OVERULED as to hearsay. Plaintiffs do no specify which portions
of the designated excerpts are objectionable hearsay. SUSTAINED as to witness
availability. Deposition excerpts may be used on as allowed under Federal Rule
of Evidence ("Rule") 32.

D.

Dr. Jaime Nicacio
RULING: OVERULED as to hearsay. Plaintiffs do no specify which portions
of the designated excerpts are objectionable hearsay. SUSTAINED as to witness

Page 2 - ORDER ON OBJECTIONS TO DEPOSITION DESIGNATrONS

availability. Deposition excerpts may be used on as allowed under Federal Rule
of Evidence ("Rule") 32.
II.

Cascade General's Objections
A.

Steven Ross Cinkowski
RULING: SUSTAINED.
Cinkowski must be produced unless the United States demonstrates that Rule 32
applies. Further, the court SUSTAINS the objections to the leading questions
and, and answers thereto, appearing on pages 28,34,108,112, and 114.

B.

Lindsay Docherty
RULING: OVERRULED. Rule 23(a)(3) allows use of a deposition of a party,
agent, or designee.

C.

Darren Stevens
I. Page 14, lines 8-11: SUSTAINED.

2. Page 34, lines 3-25: SUSTAINED as to lines 8-15; otherwise OVERRULED.
3. Page 35, line 24, through page 36, line 15: SUSTAINED.
4. Page 40, lines 20-25: OVERRULED.
5. Page 47, lines 3-6: SUSTAINED as argumentative.
6. Page 50, lines 2-9: SUSTAINED as to lines 6-8; otherwise OVERRULED.
7. Page 50, line 20, through page 51, line 12: SUSTAINED as argumentative
as to page 50, lines 24-25, and page 51, lines 4-12; otherwise, OVERRULED.
8. Page 51, lines: SUSTAINED.
9. Page 52, line 24, through 53, line 7: SUSTAINED.
Page 3 - ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS

10. Page 56, lines 4-18: SUSTAINED.
11. Page 59, lines 5-16: OVERRULED.
12. Page 62, lines 22 through page 63, line 8: OVERRULED.
IT IS SO ORDERED.
DATED this

_~7L·_·/I,_l_day ofNovember,!ll~

I
~j
// r
U.S.

V. Acosta
agistrate Judge

Page 4 - ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS