McLawhorn v. Ocwen Loan Servicing LLC et al

Filing 99

ORDER. Signed by the Honorable R. Bryan Harwell on 3/1/2017. (Attachments: # 1 COURT'S RULING ON DEFENDANTS' OBJECTIONS TO PLAINTIFF'S PRETRIAL DISCLOSURES) (hcic, )

ATTACHMENT “A” – COURT’S RULING ON DEFENDANTS’ OBJECTIONS TO PLAINTIFF’S PRETRIAL DISCLOSURES
A. Witnesses
Witness
Carrie Rose

James W. Surane, Jr., Esq.

Richard E. Lester, Esq.

Walter James Estes

Dorthea Estes

Objection
Ms. Rose did not have any substantive
involvement in the alleged trespass or any
investigation into the trespass. Ms. Rose’s
involvement was limited to reviewing
Officer Swarthout’s report and submitting it
electronically for approval. Accordingly,
Defendants object as this witness does not
have relevant information that would assist
the fact finder.
Mr. Surane was the closing agent on the
loan to the Estes. Defendants object to this
witness being called to trial as his testimony
is not relevant to the issues in dispute in this
case, would be unduly prejudicial and
would cause confusion as to the core issues
involved in this litigation.
Mr. Lester was not previously identified by
Plaintiff in his answers to the Court’s Local
Rule 26.03 Interrogatories nor in his
Answers to Defendant’s First Set of
Interrogatories. Therefore, Defendants
object to his testimony at trial.
Mr. Estes was not previously identified by
Plaintiff in his answers to the Court’s Local
Rule 26.03 Interrogatories nor in his
Answers to Defendant’s First Set of
Interrogatories. Therefore, Defendants
object to his testimony at trial.
Ms. Estes was not previously identified by
Plaintiff in his answers to the Court’s Local
Rule 26.03 Interrogatories nor in his
Answers to Defendant’s First Set of

Court’s Ruling
Overruled/Denied

Sustained/Granted

Sustained/Granted

Sustained/Granted

Sustained/Granted

Witness

Objection
Interrogatories. Therefore, Defendants
object to her testimony at trial.

Court’s Ruling

B. Deposition Designations
1. Deponent Charles Monnie McLawhorn
Plaintiff’s Designation

Defendants’ Objection

Page 1, Lines 1-25
Page 2, Lines 8-16
Page 5, Lines 1-25

None
None
Defendants object as
irrelevant, unduly
prejudicial, confusion of
issues and misleading.
There is no reason to
publish this to the jury,
especially considering not
every exhibit listed is
admissible or being
shown to the jury.
Defendants object as
irrelevant, unduly
prejudicial, confusion of
issues and misleading.
There is no reason to
publish this to the jury,
especially considering not
every exhibit listed is
admissible or being
shown to the jury.
Defendants object as
irrelevant, unduly
prejudicial, confusion of
issues and misleading.

Page 6 Lines 1 - 25

Page 7 Lines 8 – 25

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 8 Lines 1 – 25
Page 9 Lines 1 – 4
Page 9 Lines 19 – 25

Page 10 Lines 1 - 17
Page 10 Lines 23- 25
Page 11 Lines 1 – 25

Page 12 Lines 1
Page 12 Lines 8 - 13
Page 13 Lines 13 - 25
Page 14 Lines 1 - 25

Page 15 Lines 1 - 25

Defendants’ Objection

There is no reason to
publish this to the jury,
especially considering not
every exhibit listed is
admissible or being
shown to the jury.
None
None
No objection as to 19-21;
remainder and leading to
following designation,
irrelevant, attorney
testifying
See prior objection
None
Unduly prejudicial,
irrelevant

Unduly prejudicial,
irrelevant
Irrelevant
None
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted
Sustained/Granted as to
lines 1-3;
Overruled/Denied as to
lines 4-25
Overruled/Denied
Sustained/Granted
Sustained/Granted as to
lines 1-8;
Overruled/Denied as to
lines 9-25
Overruled/Denied as to
lines 1-10;
Sustained/Granted as to
lines 11-25

Plaintiff’s Designation

Page 16 Lines 1 - 25

Page 17 Lines 1 – 25

Page 18 Lines 1 – 25

Defendants’ Objection

foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 19 Lines 1 - 25

Page 20 Lines 1 - 25

Page 21 Lines 1 - 8

Defendants’ Objection

foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; see

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 21 Lines 12 - 25

Page 22 Lines 1 - 18

Page 22 Lines 22 - 25

Defendants’ Objection
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures with respect
to objections regarding
deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; see
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures with respect
to objections regarding
deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for document;
see Defendants’

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 23 Lines 1- 25

Page 24 Lines 1 - 8

Page 24 Lines 20 - 25

Page 25 Lines 17- 25

Defendants’ Objection
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for documents;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Irrelevant, unduly
prejudicial; lay witness
testifying as expert as to
chain of title in which he
is not an owner; improper
foundation for document;
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding deeds
Compound/confusing
question, question without
answer
See Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted as to
lines 1-12 and 21 – 25;
Overruled/Denied as to
lines 13-20

Page 105 Lines 9 – 11

Overruled/Denied

Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 26 Lines 1 - 4
Page 26 Lines 10 - 25
Page 27 Lines 1 - 25

Page 28 Lines 5 – 15
Page 28 Lines 17 – 25

Page 29 Lines 4 – 25
Page 30 Lines 1 - 25
Page 31 Lines 1 – 14

Page 32 Lines 19 – 25

Defendants’ Objection

regarding tax bill,
irrelevant
See prior objection
See prior objection
See Defendants’
Objections to Plaintiff’s
Pretrial Disclosures with
respect to objections
regarding tax bill,
irrelevant, third party
testifying regarding about
his own damages to
property he does not own,
third party lay witness
testifying about value of
property, hearsay
See prior objection
Irrelevant, incomplete
answer, speculative

Irrelevant, unduly
prejudicial
Confusing and prejudicial
as witness is testifying as
if property belongs to him
Irrelevant, unduly
prejudicial, confusion of
the issues
Compound question,
irrelevant, unduly
prejudicial, confusion of

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted
Overruled/Denied
Overruled/Denied as to
lines 1 - 19;
Sustained/Granted as to
lines 20 - 25

Sustained/Granted
Sustained/Granted as to
lines 17 – 19;
Overruled/Denied as to
lines 20 - 25
Overruled/Denied
Overruled/Denied

Overruled/Denied as to
lines 1 -11;
Sustained/Granted as to
lines 12-14
Sustained/Granted

Plaintiff’s Designation

Page 33 Lines 1 – 14

Page 33 Lines 25
Page 34 Lines 1 – 16

Page 34 Lines 19 - 25
Page 35 Lines 1 – 4

Page 35 Lines 25
Page 36 Lines 1 – 4

Page 39 Lines 22 - 25
Page 40 Lines 1 - 5

Page 40 Lines 23 – 25
Page 41 Lines 1 – 2

Defendants’ Objection

the issues
Irrelevant, unduly
prejudicial, hearsay,
confusion of the issues,
See following objection
Compound question,
improper opinion,
irrelevant, unduly
prejudicial, confusion of
the issues
Irrelevant, unduly
prejudicial, confusion of
the issues
Irrelevant, unduly
prejudicial, confusion of
the issues
See following objection
Leading, asked and
answered, irrelevant,
unduly prejudicial,
confusion of the issues,
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures
regarding introduction of
photographs
See following objection
Compound question,
irrelevant, unduly
prejudicial, confusion of
the issues
See following objection
Irrelevant, unduly

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted
Sustained/Granted

Sustained/Granted

Sustained/Granted

Sustained/Granted
Sustained/Granted

Sustained/Granted
Sustained/Granted

Sustained/Granted
Sustained/Granted

Plaintiff’s Designation

Page 41 Lines 5 – 10

Page 41 Lines 15- 25

Page 42 Lines 1 – 25
Page 43 Lines 1- 25

Page 44 Lines 1 - 25

Page 45 Lines 1 - 13

Defendants’ Objection

prejudicial, confusion of
the issues
Irrelevant, unduly
prejudicial, confusion of
the issues; improper
damages testimony from
third party
See above objection for
lines 15- 21; with respect
to 22-25, confusion of
issues as it is not this
party’s beach house
Unduly prejudicial,
hearsay
Testimony not based on
personal knowledge and
based on hearsay; use of
word “culprit” as unduly
prejudicial
With respect to “full glass
grill that was broken out
the first time,” irrelevant,
unduly prejudicial,
confusion of the issues,
see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures
regarding introduction of
photographs
Witness testifying based
on hearsay rather than
personal knowledge;
hearsay

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted as to
lines 15 -21;
Overruled/Denied as to
lines 22-25
Overruled/Denied
Overruled/Denied

Overruled/Denied
except as to “that was
broken out the first
time”

Overruled/Denied

Plaintiff’s Designation

Defendants’ Objection

Page 45 Lines 16 - 25

Irrelevant, unduly
prejudicial, confusion of
the issues
Irrelevant, unduly
prejudicial, confusion of
the issues, see
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures regarding
introduction of sign in
sheet and notices
No question to first line
designated; see
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures regarding
introduction of sign in
sheet and notices
See prior objection
Unduly prejudicial and
confusion as this witness
did not own the property
See following objection
See Defendants’
Objections to Plaintiff’s
Pretrial Disclosures
regarding introduction of
sign in sheet and notices
Asked and answered
Hearsay
Witness not testifying
based on his own firsthand knowledge, unduly

Page 46 Lines 1 - 24

Page 47 Lines 5 – 25

Page 48 Lines 1 – 2
Page 48 Lines 13 - 21

Page 49 Lines 25
Page 50 Lines 1 - 25

Page 51 Lines 1- 9
Page 51 Lines 16 - 25
Page 52 Lines 1 - 25

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied

Overruled/Denied

Overruled/Denied

Overruled/Denied
Overruled/Denied

Overruled/Denied
Overruled/Denied

Overruled/Denied
Overruled/Denied
Overruled/Denied

Plaintiff’s Designation

Page 53 Lines 1 - 15

Page 56 Lines 1 – 25

Page 57 Lines 1 - 25
Page 58 Lines 1 – 2
Page 58 Lines 16-25
Page 59 Lines 1 - 2
Page 60 Lines 9 - 25

Page 61 Lines 1 - 3
Page 61 Lines 8 - 20

Defendants’ Objection

prejudicial and misleading
to refer to property as
belonging to this third
party, see Defendants’
Objections to Plaintiff’s
Pretrial Disclosures
regarding introduction of
sign in sheet and notices
See objection relating to
police report in
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures
See objections relating to
police report and emails in
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures;
See above relating to
objection to email,
hearsay
See prior objection
See prior objection
See prior objection
See objection relating to
police report in
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures, improper
foundation for exhibits
See prior objection
See objection relating to
emails in Defendants’

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied

Overruled/Denied

Overruled/Denied

Overruled/Denied
Overruled/Denied
Overruled/Denied
Overruled/Denied

Overruled/Denied
Overruled/Denied

Plaintiff’s Designation

Page 61 Lines 23 - 25
Page 62 Lines 1 - 14

Page 64 Lines 3 - 25
Page 65 Lines 1 – 25
Page 66 Lines 1 - 8

Page 66 Lines 10 - 14
Page 66 Lines 20 – 22
Page 68 Lines 1 - 25
Page 69 Lines 1 – 12

Page 70 Lines 8 – 25

Page 71 Lines 1 - 9
Page 72 Lines 5 - 25
Page 73 Lines 1
Page 73 Lines 10 – 25

Defendants’ Objection
Objections to Plaintiff’s
Pretrial Disclosures
See prior objection
See prior objection
relating to introduction of
email; witness cannot read
hearsay document,
irrelevant, unduly
prejudicial, confusion of
the issues
See prior objection
relating to email, hearsay
Hearsay
See objection relating to
emails in Defendants’
Objections to Plaintiff’s
Pretrial Disclosures
See prior objection
None
See prior objections as to
both emails
See objection relating to
North Myrtle Beach
records in Defendants’
Objections to Plaintiff’s
Pretrial Disclosures
See prior objection,
irrelevant, unduly
prejudicial, hearsay
See prior objection
See prior objection
See prior objection
See objection relating to

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied
Overruled/Denied

Overruled/Denied
Overruled/Denied
Overruled/Denied

Overruled/Denied
Overruled/Denied
Overruled/Denied
Overruled/Denied

Sustained/Granted

Sustained/Granted
Overruled/Denied
Overruled/Denied
Overruled/Denied

Plaintiff’s Designation

Page 74 Lines 1 – 11
Page 74 Lines 13 - 15
Page 75 Lines 21 - 25
Page 76 Lines 1 - 25

Page 77 Lines 1 - 25

Page 78 Lines 1 - 25
Page 79 Lines 1 – 25

Page 80 Lines 1 – 9
Page 81 Lines 7 – 25
Page 82 Lines 1 - 25

Defendants’ Objection

North Myrtle Beach notes
in Defendants’ Objections
to Plaintiff’s Pretrial
Disclosures; see also p.
11, l 7-24
Asked and answered
None
Hearsay
See prior objection as to
document, see
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures as to
correspondence, witness
cannot read hearsay
See prior objection, see
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures as to email
See prior objection,
witness cannot read
hearsay
See Defendants’
Objections to Plaintiff’s
Pretrial Disclosures as to
document, witness cannot
read hearsay
See prior objection
See prior objection
See prior objection, see
Defendants’ Objections to
Plaintiff’s Pretrial
Disclosures as to police

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied
Overruled/Denied
Overruled/Denied
Overruled/Denied

Overruled/Denied

Overruled/Denied

Overruled/Denied

Overruled/Denied
Overruled/Denied
Overruled/Denied

Plaintiff’s Designation

Defendants’ Objection

Page 85 Lines 1 - 25

records
See prior objection
Irrelevant, unduly
prejudicial, confusion of
the issues, hearsay, third
party testifying
inappropriately regarding
damages, improper
references to the property
as belonging to this
witness and does not
belong to this witness,
speculative, third party
legal conclusion regarding
crime,
See prior objection

Page 86 Lines 1 - 25
Page 87 Lines 1 – 25

See prior objection
See prior objection

Page 88 Lines 1 -25
Page 89 Lines 1 – 5
Page 89 Lines 13 - 25

See prior objection
See prior objection
See prior objection
relating to exhibit, unduly
prejudicial,
mischaracterization of
exhibit
Irrelevant, unduly
prejudicial, confusion of

Page 83 Lines 1 - 4
Page 84 Lines 3- 25

Page 90 Lines 1 – 25

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied
Overruled/Denied as to
lines 2-12;
Sustained/Granted as to
lines 13-25

Sustained/Granted as to
lines 1-6, 14-20, 21-25;
Overruled/Denied as to
lines 7-13
Sustained/Granted
Overruled/Denied as to
lines 1-21;
Sustained/Granted as to
lines 22-25
Sustained/Granted
Sustained/Granted
Overruled/Denied

Sustained/Granted

Plaintiff’s Designation

Page 91 Lines 12 – 25

Page 92 Lines 1 - 11

Page 93 Lines 19 – 25
Page 94 Lines 1 – 12
Page 94 Lines 24 – 25

Page 95 Lines 1 – 17
Page 95 Lines 23 – 25
Page 96 Lines 1 – 6
Page 97 Lines 12 - 25

Page 98 Lines 1 – 25

Defendants’ Objection

Defendants’ Counter
Designation

issues,
mischaracterization of
other legal suit
Improper damages
testimony, confusing as
referring to property as
belonging to him when
belongs to Plaintiff
See prior objection

None
None
Witness not testifying on
his own personal
knowledge and is instead
based on hearsay
See prior objection
None
None
Witness not testifying on
his own personal
knowledge, confusing and
prejudicial for witness to
refer to property as his,
improper third party lay
testimony regarding
impact on value of
home/damages
See prior objection;
irrelevant, unduly
prejudicial and confusing

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted as to
lines 1-4;
Overruled/Denied as to
lines 5-11
Page 93 Lines 4 - 9
Overruled/Denied

Overruled/Denied

Page 96 Lines 7 - 16
Page 97 Lines 7-11

Overruled/Denied

Overruled/Denied

Plaintiff’s Designation

Page 102 Lines 3 – 25

Page 103 Lines 1 – 25

Page 104 Lines 1 – 5

Page 106 Lines 1 - 25

Page 107 Lines 1 – 25
Page 108 Lines 1 – 4
Page 108 Lines 20 - 25

Page 109 Lines 1 - 8

Defendants’ Objection

to refer to prior incident
and “you all”
Irrelevant, unduly
prejudicial, confusing the
issues, improper damage
testimony
See prior objection,
improper and confusing
for this witness to refer to
the property as his own,
speculation,
Irrelevant, unduly
prejudicial, confusing
issues in case
See prior objections
relating to this exhibit
above and in Defendants’
Objections to Plaintiff’s
Pretrial Disclosures
Speculation, irrelevant,
unduly prejudicial,
improper legal opinion
See prior objection
Improper damages
testimony from third party
lay witness, improper
reference to damages as
his own, unduly
prejudicial, misleading,
See prior objection

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted

Page 104 Lines 6 – 7

Sustained/Granted

Overruled/Denied

Overruled/Denied

Overruled/Denied
Overruled/Denied

Overruled/Denied as to
lines 1-6;
Sustained/Granted as to
lines 7-8

Plaintiff’s Designation

Defendants’ Objection

Page 109 Lines 22 - 25

See prior objection as to
document, this portion of
testimony is asked and
answered, irrelevant and
adds nothing if prior
testimony surrounding
document is allowed
See prior objection
No question designated,
nonresponsive, unduly
prejudicial
Asked and answered,
irrelevant, unduly
prejudicial
None
Unduly prejudicial,
improper legal opinion,
improper testimony about
substance of legal
document, irrelevant
See prior objection
None

Page 110 Lines 1 - 3
Page 112 Lines 5 - 14

Page 113 Lines 14 - 25

Page 114 Lines 1 - 25
Page 115 Lines 1 - 25

Page 116 Lines 1 – 5
Page 117 Lines 1 – 25

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied

Overruled/Denied
Sustained/Granted

Overruled/Denied

Overruled/Denied as to
lines 1-7;
Sustained/Granted as to
lines 8-25
Sustained/Granted

2. Deponent Nicole Gostebski
Plaintiff’s Designation

Defendants’ Objection

Page 1 Cover Page
Page 4 Lines 1 – 25

None
Defendants object as
irrelevant, unduly
prejudicial, confusion of

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Plaintiff’s Designation

Page 5 Lines 1 - 25

Page 6 Lines 1 – 3
Page 6 Lines 16 – 20
Page 9 Lines 4 – 11
Page 12 Lines 22 – 25

Page 13 Lines 1 - 4

Page 13 Lines 21 - 25
Page 14 Lines 1 – 15

Defendants’ Objection

issues and misleading.
There is no reason to show
this to the jury, especially
considering not every
exhibit listed is admissible
or being shown to the jury.
Defendants object as
irrelevant, unduly
prejudicial, confusion of
issues and misleading.
There is no reason to show
this to the jury, especially
considering not every
exhibit listed is admissible
or being shown to the jury.
None
None
Atty testifying, compound
question
Irrelevant, unduly
prejudicial, confusion of
the issues, misleading as
discussing depositions in
another lawsuit that are not
being introduced here
Irrelevant, unduly
prejudicial, confusion of
the issues, misleading as
discussing depositions in
another lawsuit that are not
being introduced here
None
Compound question, asked

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted
Sustained/Granted

Page 13 Lines 5 – 8

Sustained/Granted

Overruled/Denied

Plaintiff’s Designation

Page 15 Lines 5 – 8
Page 15 Lines 19 – 24
Page 16 Lines 4 – 25
Page 17 Lines 1 – 6
Page 17 Lines 24 - 25
Page 18 Lines 1
Page 18 Lines 17 – 24
Page 21 Lines 14 – 18
Page 23 Lines 3 – 12
Page 24 Lines 1 – 25

Page 25 Lines 1 - 18
Page 25 Lines 24 – 25
Page 26 Lines 1 – 5
Page 26 Lines 21 - 23
Page 27 Lines 2 - 6
Page 27 Lines 14 – 19
Page 29 Lines 1 - 16
Page 29 Lines 20 – 25
Page 30 Lines 9 - 25

Defendants’ Objection

and answered
None
Attorney testifying,
compound question
Irrelevant
Irrelevant, asked and
answered
No question asked of
witness
No question asked of
witness
Irrelevant
Irrelevant, confusion of the
issues, unduly prejudicial
Irrelevant, attorney
testifying, confusion of the
issues
Irrelevant, attorney
testifying, confusion of the
issues
Attorney testifying, partial
questions
None
None
None
None
Irrelevant
Compound question,
speculative
Irrelevant
Speculative, attorney
testifying

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied
Page 14 Lines 16 - 25
Page 15 Lines 1 - 4

Overruled/Denied
Overruled/Denied
Sustained/Granted
Sustained/Granted
Overruled/Denied
Overruled/Denied
Overruled/Denied

Overruled/Denied

Overruled/Denied

Overruled/Denied
Overruled/Denied
Overruled/Denied
Overruled/Denied

Plaintiff’s Designation

Defendants’ Objection

Page 31 Lines 1 – 4

Compound question,
speculative
None
Asked and answered
Partial question
Irrelevant
Could be mooted by
summary judgement
Attorney testifying,
irrelevant, Counsel
examining witness about
document that could
confuse the issues and
mislead the jury and is
unduly prejudicial. See
objections to Exhibits.
Attorney testifying, nonverbal answer, irrelevant,
Counsel examining
witness about document
that could confuse the
issues and mislead the jury
and is unduly prejudicial.
See objections to Exhibits.
Attorney testifying,
Counsel examining
witness about document
that could confuse the
issues and mislead the jury
and is unduly prejudicial.
See objections to Exhibits.
Attorney testifying, asked
and answered, Counsel

Page 31 Lines 9 – 20
Page 32 Lines 7 – 24
Page 33 Lines 1 – 16
Page 33 Lines 22 – 24
Page 34 Lines 16 – 19
Page 35 Lines 6 - 23

Page 36 Lines 6 - 25

Page 37 Lines 1 - 21

Page 38 Lines 11 - 15

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied
Page 31 Lines 21 - 23
Overruled/Denied
Overruled/Denied
Overruled/Denied
Overruled/Denied
Page 35 Lines 24 - 25
Page 36 Lines 1 - 5

Sustained/Granted

Sustained/Granted

Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 38 Lines 21 - 24

Page 39 Lines 1 – 6

Page 39 Lines 12 – 18

Page 39 Lines 24 – 25

Defendants’ Objection

examining witness about
document that could
confuse the issues and
mislead the jury and is
unduly prejudicial. See
objections to Exhibits.
No question asked of
witness, Counsel
examining witness about
document that could
confuse the issues and
mislead the jury and is
unduly prejudicial. See
objections to Exhibits.
Counsel examining
witness about document
that could confuse the
issues and mislead the jury
and is unduly prejudicial.
See objections to Exhibits.
Attorney testifying, partial
question, Counsel
examining witness about
document that could
confuse the issues and
mislead the jury and is
unduly prejudicial. See
objections to Exhibits.
Counsel examining
witness about document
that could confuse the
issues and mislead the jury
and is unduly prejudicial.

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted

Sustained/Granted

Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 40 Lines 22 - 25

Page 41 Lines 1 - 21

Page 47 Lines 16 - 25

Page 48 Lines 1 - 10

Page 49 Lines 4 – 10

Defendants’ Objection

See objections to Exhibits.
Counsel examining
witness about document
that could confuse the
issues and mislead the jury
and is unduly prejudicial.
See objections to Exhibits.
Attorney testifying,
irrelevant, confusion of
issues, unduly prejudicial,
exhibit objectionable as
noted in objections to
exhibits, Counsel
examining witness about
document that could
confuse the issues and
mislead the jury and is
unduly prejudicial. See
objections to Exhibits.
Objection to document on
which witness is being
examined, irrelevant,
Counsel examining
witness about document
that could confuse the
issues and mislead the jury
and is unduly prejudicial.
See objections to Exhibits.
Objection to document on
which witness is being
examined which is not on
Plaintiff’s exhibit list
Objection to document on

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied

Sustained/Granted

Sustained/Granted as to
lines 16 through part of
23; Overruled/Denied as
to “What’s a loan
servicing platform” and
line 25

Overruled/Denied

Overruled/Denied

Plaintiff’s Designation

Page 49 Lines 17 – 25

Page 50 Lines 1 – 2

Page 50 Lines 9 – 10
Page 54 Lines 2 - 13

Page 54 Lines 17 - 21
Page 55 Lines 1 – 8

Page 55 Lines 16 – 25
Page 57 Lines 21 - 25
Page 58 Lines 1 - 25

Defendants’ Objection

which witness is being
examined which is not on
Plaintiff’s exhibit list,
irrelevant, confusion of
issues
Objection to document on
which witness is being
examined which is not on
Plaintiff’s exhibit list, no
question asked of witness
Objection to document on
which witness is being
examined which is not on
Plaintiff’s exhibit list, no
question asked of witness
No question asked of
witness
Improper foundation for
document and document is
hearsay
Improper foundation for
document and document is
hearsay
Improper foundation for
document and document is
hearsay, attorney
testifying, confusing
Improper foundation and
hearsay as to document
None
Improper foundation for
document and document is
hearsay

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied

Overruled/Denied

Sustained/Granted
Overruled/Denied

Overruled/Denied

Overruled/Denied

Page 56 Lines 4 – 6

Overruled/Denied
Overruled/Denied
Overruled/Denied

Plaintiff’s Designation

Defendants’ Objection

Page 59 Lines 4 - 25

Improper foundation for
document and document is
hearsay, attorney testifying
Continuation of prior
designation
Improper foundation for
document, attorney
testifying
Improper foundation for
documents, document is
hearsay, compound
question, incomplete
questions and answers,
attorney testifying
Improper foundation for
document and document is
hearsay, attorney
testifying, speculative,
asked and answered
Improper foundation for
document and document is
hearsay, irrelevant,
confusing the issues
Improper foundation for
document and document is
hearsay, irrelevant,
confusing the issues,
unduly prejudicial,
attorney testifying,
compound question
None
Compound question,
objection as to foundation,

Page 60 Lines 1 – 4
Page 60 Lines 22 – 25

Page 61 Lines 1 - 25

Page 62 Lines 1 – 12

Page 63 Lines 10 – 25

Page 64 Lines 1 – 23

Page 65 Lines 7 - 21
Page 66 Lines 3 - 14

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied

Overruled/Denied
Overruled/Denied

Overruled/Denied

Overruled/Denied

Overruled/Denied as to
lines 10-16;
Sustained/Granted as to
lines 17-25
Sustained/Granted

Sustained/Granted

Plaintiff’s Designation

Page 67 Lines 5 - 25

Page 68 Lines 1 – 3
Page 68 Lines 8 – 18
Page 68 Lines 22 – 25
Page 69 Lines 1 – 5
Page 69 Lines 12 - 17
Page 74 Lines 18 – 25
Page 75 Lines 3 - 25
Page 76 Lines 1 – 8
Page 76 Lines 13 – 25
Page 77 Lines 1 - 23

Page 79 Lines 25
Page 80 Lines 1 - 5
Page 80 Lines 8 - 12
Page 80 Lines 20 - 25

Defendants’ Objection

hearsay for the document
Improper foundation for
documents and documents
are hearsay, irrelevant,
confusing the issues,
hearsay
Continuation of
designation
Irrelevant, unduly
prejudicial, confusion of
issues, asked and answered
Improper foundation and
document is hearsay
Improper foundation and
document is hearsay
Confusing (lines 12-13
unnecessary), asked and
answered
No objection if include
entire response
Asked and answered
None
Document is hearsay,
irrelevant
Documents are hearsay,
confusing, no foundation
for photo referenced,
hearsay
None
None
None
Irrelevant, asked and
answered, confusing the

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Sustained/Granted as to
lines 5-19;
Overruled/Denied as to
lines 20-25
Overruled/Denied
Sustained/Granted

Overruled/Denied
Overruled/Denied
Overruled/Denied
Page 75 Lines 1 – 2
Overruled/Denied
Overruled/Denied
Page 77 Lines 24 - 25
Page 78 Lines 1 - 2
Page 78 Lines 20 – 24

Overruled/Denied

Overruled/Denied

Plaintiff’s Designation

Page 81 Lines 1 - 20

Page 83 Lines 1 - 20

Defendants’ Objection

issues, unduly prejudicial
Irrelevant, asked and
answered, confusing the
issues, unduly prejudicial
None

Defendants’ Counter
Designation

Plaintiff’s Objection to
Defendants’ Counter
Designation

Court’s Ruling

Overruled/Denied