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, )

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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

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