Albritton v. Cisco Systems, Inc. et al

Filing 206

NOTICE by Mallun Yen, John Noh, Cisco Systems, Inc., Richard Frenkel of objections to deposition designations (Attachments: # 1 continuation)(Babcock, Charles)

Albritton v. Cisco Systems, Inc. et al

Doc. 206

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION ERIC M. ALBRITTON

V.

C. A. NO. 6:08-CV-00089

CISCO SYSTEMS, INC.,
RICK FRENKEL, MALLUN YEN & JOHN NOH DEFENDANTS' OBJECTIONS TO PLAINTIFF'S DEPOSITION DESIGNATIONS AND CROSS-DESIGNATIONS TO THE HONORABLE COURT: Defendants Cisco Systems , Inc. ("Cisco "), Richard Frenkel (" Frenkel"), Mallun Yen' ("Yen") and John Noh2 ("Noh"), file objections to Plaintiffs deposition designations of trial witnesses: Defendants object to the use of the following in open Court or in any publicly filed document : ( 1) all testimony that involves the use of Cisco Privileged documents and/or (2) testimony that has been designated as Highly Confidential pursuant to the Protective Order in this case.

t Subject to her Motion to Dismiss for Lack of Personal Jurisdiction, Docket #37. 2 Subject to his Motion to Dismiss for Lack of Personal Jurisdiction, Docket #35.

Dockets.Justia.com

Respectfully submitted,
JACKSON WALKER L.L.P.

By: /s/ Charles L. Babcock Charles L. Babcock Federal Bar No.: 10982 Email: [e-mail] Crystal J. Parker Federal Bar No.: 621142 Email: [e-mail] 1401 McKinney, Suite 1900 Houston, Texas 77010 [phone] [phone] - Fax ATTORNEYS FOR DEFENDANT CISCO SYSTEMS, INC., MALLUN YEN, AND JOHN NOH

GEORGE MCWILLIAMS, P.C.

By:

/s/ George L. McWilliams by permission by Charles L. Babcock George L. McWilliams
Texas Bar No: 13877000 GEORGE L. MCWILLIAMS, P.C. 406 Walnut

P.O. Box 58 Texarkana, Texas 75504-0058 [phone] [phone]-Fax Email: [e-mail] ATTORNEY FOR DEFENDANT RICK FRENK

Page 2

CERTIFICATE OF SERVICE This is to certify that on this 25th day of February 2009, a true and correct copy of the foregoing was served via electronic mail upon: George L. McWilliams 406 Walnut P.O. Box 58 Texarkana, Texas 75504-0058 Attorney for Defendant Richard Frenkel Patricia L. Peden Law Offices of Patricia L. Peden 5901 Christie Avenue Suite 201 Emeryville, CA 94608 Attorney for PlaintiffEric Albritton James A. Holmes 605 South Main Street, Suite 203 Henderson, Texas 75654 Attorney for PlaintiffEric Albritton

Nicholas H. Patton Patton, Tidwell & Schroeder, LLP 4605 Texas Boulevard P.O. Box 5398 Texarkana, Texas 75505-5398 Attorney for PlaintiffEric Albritton

!s! Charles L. Babcock Charles L. Babcock

Page 3

Deponent
David Maland David Maland

Page/Line
16:11-13 23:6-9

Objections
Offer does not include a question. The offer is not in question/answer format the designation does not include a question and only includes part of the witnesses answer. The offer is not in question/answer format the designation does not start with a question and begins in the middle of an answer. Side bar not a question or answer. Irrelevant and immaterial under Fed. R. Evid. 402. Sidebar. Irrelevant and immaterial under Fed. R. Evid. 402. The offer is not in question/answer format; the designation does not include a question. Hearsay. Irrelevant and immaterial under Fed. R. Evid. 402. Sidebar. Irrelevant and immaterial under Fed. R. Evid. 402 The offer is not in question/answer format; the designation does not start with a question and only includes part of an answer. Sidebar. Irrelevant and immaterial under Fed. R. Evid. 402. Offer does not include a question. The offer is not in question/answer format; the designation is only a question without any answer. Nonresponsive The offer is not in question/answer format; the designation does not include a question. Hearsay. The offer is not in question/answer format the designation is only part of an answer. The offer is not in question/answer format; the designation does not include any question and only includes part of an answer. The offer is not in question/answer format; the designation does not include any question and only has part of the answer. Irrelevant and immaterial under Fed. R. Evid. 402. The offer is not in question/answer format; the designation does not include any question.

David Maland

36:8-37:6

David Maland David Maland David Maland David Maland David Maland David Maland David Maland

39:6 39:13-39:22 42:3-9 48:8-14 49:13-50:11 55:14-15 59:8-14

David Maland David Maland David Maland

59:15 61:15-23 66:13-15

David Maland David Maland

68:11-16 76:21-78:2

David Maland David Maland

84:1-5 86:16-87:21

David Maland

92:23-24

David Maland David Maland

110:6-111:20 118:17-119:6

Page 4

Deponent
David Maland

Page/Line
140:1-4

Objections
Leading; Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Unreliable lay opinion testimony, and no designation of this witness as an expert. Fed. R. Evid. 701, 702. Leading; Speculation Leading. The offer is not in question/answer format; the designation is a question without an answer. The offer is not in question/answer format; the designation is a question without any answer. Nonresponsive Leading, Speculation Hearsay Misstatement of the facts. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Irrelevant and immaterial under Fed. R. Evid. 402. Irrelevant and immaterial under Fed. R. Evid. 402. The offer is not in question/answer format; the designation is a question without any answer. The offer is not in questionlanswer format; the designation does not include a question. Further the question above is leading and calls for Specuaation. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Irrelevant and immaterial under Fed. R. Evid. 402. Irrelevant and immaterial under Fed. R. Evid. 402. Unreliable speculative lay opinion testimony, and no designation of this witness as an expert. Fed. R. Evid. 701, 702. Irrelevant and immaterial under Fed. R. Evid. 402.

David Maland David Maland

147:25-148:4 152:18-19

David Maland David Maland David Maland David Maland David Maland

154:3-10 156:16-24 159:3-5 and 7 160:4-7 161:6-11

David Maland David Maland David Maland David Maland

163:6-15 163:24-165:13 165:5-7 165:16-20

David Maland

172:18-173:3

David Maland David Maland David Maland

175:1-25 177:12-180:14 181:5-182:24

Page 5

Deponent
David Maland

Page/Line
187:21-188:7

Objections
Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. The offer is not in question/answer format; the designation does not include a question. Irrelevant and immaterial under Fed. R. Evid. 402. Objection not to be read to the jury. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Improper cross examination on area not covered in direct. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Improper cross examination on area not covered in direct. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 The offer is not in question/answer format; the designation does not include a question and then ends with a question with no answer. The offer is not in question/answer format; the designation does not include a question. The offer is not in question/answer format; the designation does not include a question. Objection not to be read to the jury. Objection not to be read to the jury. Hearsay. Irrelevant and immaterial under Fed. R. Evid. 402. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. The offer is not in question/answer format; the designation does not start with a question

David Maland

189:5-191:5

David Maland David Maland Cross Designations David Maland Cross Designations

193:22 11:6-13:2 (Cross)

15:20-16:1 (Cross)

David Maland Cross Designations

17:13-18:20 (Cross)

David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designation David Maland Cross Designations

23:1-8 (Cross)

27:10-12 (Cross) 34:3-4 (Cross) 38:9 (Cross) 39:4 (Cross) 49:13-50:11 (Cross) 48:8-50:11 (Cross)

Page 6

Deponent
David Maland Cross Designations

Page/Line
51:2-52:25(Cross)

Objections
Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403.. The offer is not in question/answer format; the designation does not start with a question. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. The offer is not in questionlanswer format; the designation does not start with a question and only includes art of an answer. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. The offer is not in question/answer format; the designation does not start with a question. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. The offer is not in question/answer format; the designation does not include a question. The offer is not in question/answer format; the designation does not include a question. Irrelevant and immaterial under Fed. R. Evid. 402. The offer is not in question/answer format the designation is an answer. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 The offer is not in question/answer format the designation is only part of an answer. Irrelevant and immaterial under Fed. R. Evid. 402. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403

David Maland Cross Designations

59:8-14 (Cross)

David Maland Cross Designations David Maland Cross Designations

67:23-68:25 (Cross)

70:6-71:8 (Cross)

David Maland Cross Designations

77:1-78:2 (Cross)

David Maland Cross Designations

82:15-83:5 (Cross)

David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations

84:1-9 (Cross) 84:25-85:12 (Cross)

86:16-87:21 (Cross)

89:12-19 (Cross)

David Maland Cross Designations

89:20-92:8 (Cross)

Page 7

Deponent
David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations

Page/Line
92:9-93:23 (Cross) 94:11-12 (Cross) 94:13-17 (Cross)

Objections
Irrelevant and immaterial under Fed. R. Evid. 402. Hearsay. The offer is not in question/answer format the designation is an answer. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 The offer is not in question/answer format the designation is an answer. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Irrelevant and immaterial under Fed. R. Evid. 402. Irrelevant and immaterial under Fed. R. Evid. 402. Cumulative under Fed. R. Evid 403 Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Irrelevant and immaterial under Fed. R. Evid. 402. The offer is not in question/answer format the designation is only two words of an answer. Already included in Plaintiffs Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403.

David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations

96:17-96:25 (Cross)

100:1-19 (Cross)

100:21-101:25 (Cross)

David Maland Cross Designations David Maland Cross Designations

108:3-109:5 (Cross)

110:6-111:20 (Cross)

David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations

111:21-112:3 (Cross) 112:14-24 (Cross)

114:14-19 (Cross) 116:2 (Cross) 122:10-16 (Cross)

122:24-123:13 (Cross)

Page 8

Deponent
David Maland Cross Designations David Maland Cross Designations

Page/Line
126:20-127:17 (Cross)

Objections
Already included in Plaintiff s Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Improper cross examination on area not covered in direct. Objection should not be read to the jury. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. The offer is not in question/answer format; the designation is a question without any answer. Cumulative under Fed. R. Evid 403. The offer is not in question/answer format; the designation does not include a question Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Hearsay

129:6-130:19 (Cross)

David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations i David Maland Cross Designations David Maland Cross Designations

135:23-140:8 (Cross)

142:3-142:19 (Cross)

143:3-145:5 (Cross)

146:5-148:4 (Cross)

148:6-13 (Cross)

149:7-18 (Cross)

149:21-150:17; 150:24-152:19 (Cross) 152:18-19 (Cross)

152:22-153:25 (Cross)

155:21-156:24 (Cross)

157:3-161:11 (Cross)

160:4-7 (Cross)

Page 9

Deponent
David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations David Maland Cross Designations

Page/Line
162:6-165:6 (Cross)

Objections
Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403 Leading and Speculation. Irrelevant and immaterial under Fed. R. Evid. 402. Irrelevant and immaterial under Fed. R. Evid. 402. Leading. Speculation. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403.

165:8-9 (Cross) 163:6-15 (Cross) 163:24-165:13 (Cross) 165:13-14 (Cross) 165:16-20 (Cross)

168:12-175:25 (Cross)

176:12-180:14 (Cross)

181:5-182:24 (Cross)

183:9-24 (Cross)

187:8-16 (Cross)

187:21-188:1 (Cross)

189:5-191:5 (Cross)

192:10-193:14 (Cross)

199:9-21 (Cross)

199:25-200:19 (Cross)

Page 10

Deponent
David Maland Cross Designations

Page/Line
200:21-23 (Cross)

Objections
Already included in Plaintiff's Designation of David Maland Deposition Testimony. Cumulative under Fed. R. Evid 403. The offer is not in question/answer format; the designation does not include a question

Page 11

Deponent
Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar

Page/Line
6:5-5 6:15-24 7:19-21 8:9-9:1 10:12-22 16:25 17:9-12 17:13-14 17:15-16 18:7-9-10 19:9 19:13-15 19:17-19 19:22-25 20:2-8 20: 15-18 20:19-21 20:24-21:2 21:3-5

Objections
Optional completeness to avoid confusion. Optional completeness to avoid confusion. Optional completeness to avoid confusion. Optional completeness to avoid confusion. Optional completeness to avoid confusion. Objection not to be read to the jury. Leading Objection not to be read to the jury. Irrelevant and immaterial under Fed. R. Evid. 402. Leading. Speculation Leading. Speculation Leading Leading Leading. Leading. Compound. Speculation. Lack of foundation for la opinion testimony. Fed. R. Evid. 701. Compound. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Compound. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Leading. Compound. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Leading Leading. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Objection not to be read to the jury. Leading. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Objections not to be read to the jury. Leading Objection not to be read to the jury. Sidebar The offer is not in question/answer format; the designation does not include a question. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading

Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cynthia Paar Cross Designations Cynthia Paar Cross Designations Cynthia Paar Cross Designations

23:15-18 24: 2-8 24:5-6 24:18-20 24: 21 and 23 28:13-175 28:16 28:21 8:1 (Cross) 15:25-16:24 (Cross)

15:20-16:1 (Cross)

Page 12

Deponent
Cynthia Paar Cross Designations Cynthia Paar Cross Designations Cynthia Paar Cross Designations Cynthia Paar Cross Designations

Page/Line
17:1-17 (Cross)

Objections
Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Speculation. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Speculation. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid

17:9-12 (Cross) 17:15-18:2 (Cross)

18:7-9 (Cross)

Cynthia Paar Cross Designations

19:9-10 (Cross)

Cynthia Paar Cross Designations

19:13-15 (Cross)

Cynthia Paar Cross Designations

19:17-19 (Cross)

403.
Cynthia Paar Cross Designations 19:22-25 (Cross) Leading. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Compound. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Compound. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403.

Cynthia Paar Cross Designations

20:2-5 (Cross)

Cynthia Paar Cross Designations

20: 15-18 (Cross)

Cynthia Paar Cross Designations

20:19-22 (Cross)

Page 13

Deponent
Cynthia Paar Cross Designations

Page/Line
20:24-21:2 (Cross)

Objections
Compound. Speculation. Lack of foundation for lay opinion testimony. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Compound. Leading. Speculation. Lack of foundation for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff s Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading Already included in Plaintiff's Designation of Cynthia Paar Deposition Testimony. Cumulative under Fed. R. Evid 403. Sidebar

Cynthia Paar Cross Designations

21:3-5 (Cross)

Cynthia Paar Cross Designations

23:15-18 (Cross)

Cynthia Paar Cross Designations Cynthia Paar Cross Designations Cynthia Paar Cross Designations Cynthia Paar Cross Designations Cynthia Paar Cross Designations

25:6-19 (Cross)

27:25-28:15 (Cross)

28:13-17 (Cross) 28:17-21 (Cross)

28:21 (Cross)

Page 14

Deponent
Peggy Thompson Peggy Thompson Peggy Thompson Peggy Thompson Peggy Thompson Pegg y Thompson Peggy Thompson

Page/Line
8:20-9:11 10:9-11:12 15:21-16:11 19:16-20:4 24:24-25:3 25:4-7 25:14-18

Objections
Optional completeness to avoid confusion. Optional comp leteness to avoid confusion. Optional completeness to avoid confusion. Optional completeness to avoid confusion. Leading. Leading Leading. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Objection not to be read to the jury. Objection not to be read to the jury. Objection not to be read to the jury. Leading. Objection not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objection not to be read to the jury. Leading. Leading. Objections not to be read to the jury. Sidebar

Peggy Thompson Peggy Thompson Peggy Thompson

Peggy Thompson
Peggy Thompson Peggy Thompson Peggy Thompson Peggy Thompson Peggy Thompson Peggy Thompson Peggy Thompson

25:3 25:6 25:16-17 26:2-7 26:5 26:22-25 26:24 27:5-6 27:7-11 27:9-10 27:18

Page 15

Deponent
Rhonda Lafitte Rhonda Lafitte Cross Designations Rhonda Lafitte Cross Designations Rhonda Lafitte Cross Designations Rhonda Lafitte Cross Designations Rhonda Lafitte Cross Designations Rhonda Lafitte Cross Designations Rhonda Lafitte Cross Designations Rhonda Lafitte Cross Designations

Page/Line
24:4 16:11-12 (Cross) 17:22-18:1 (Cross) 18:6-24 (Cross) 22:24-23: 4 (Cross)

Objections
Sidebar Irrelevant and immaterial under Fed. R. Evid. 402. Irrelevant and immaterial under Fed. R. Evid. 402. Irrelevant and immaterial under Fed. R. Evid. 402. Already included in Plaintiff's Designation of Rhonda Lafitte Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of Rhonda Lafitte Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of Rhonda Lafitte Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of Rhonda Lafitte Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of Rhonda Lafitte Deposition Testimony. Cumulative under Fed. R. Evid 403. Sidebar.

23:12-14 (Cross)

23:8-24:4 (Cross)

23:24-24:3 (Cross)

24:4 (Cross)

Page 16

Deponent
David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines

Page/Line
13:21-14:3 23:15-25:2 29:12-15 29:25-30:8 30:9-31:9 32:1-32:5 32:5 32:6-7 32: 8-10 35:16-18

Objections
Optional completeness to avoid confusion. Optional completeness to avoid confusion. Offer does not include a question. Optional completeness to avoid confusion. Optional completeness to avoid confusion. Leading Objection not to be read to the jury. Leading Objections not to be read to the jury. Leading. The offer is not in question/answer format; the designation is a question without any answer. Leading. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objections not to be read to the jury. Leading Leading Optional completeness to avoid confusion. Objections not to be read to the jury. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objections not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Objections not to be read to the jury. Leading. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objections not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objections not to be read to the jury. Leading. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objections not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701.

David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines

36:6-9 36:10-11 36:12-20 37:3-13 38:2-14 37:7-8 38:15-40:9 41:2-5 42:10 42:11-12 43:13

David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines David Provines

43:14-15 43:17-18 43:19-20 43:22-24 43:24-44:1 44:3-7 44:8-13 44:11-12 44:16-21

Page 17

Deponent
David Provines David Provines David Provines David Provines David Provines David Provines

Page/Line
44:19-20 44:22-24 44:25-45:1 45:2-5 45:4 45:6-16

Objections
Objections not to be read to the jury. Leading Objections not to be read to the jury. Leading. Speculation. Objection not to be read to the jury. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Objection not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. The offer is not in question/answer format; the designation is a question without any answer. Leading. Speculation. Argumentative. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. The offer is not in question/answer format; the designation is a question without any answer. Objections not to be read to the jury. Leading. Argumentative. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objection not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Objections not to be read to the jury. Sidebar. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403.

David Provines David Provines

45:8-9 45:17-18

David Provines

46:3-6

David Provines David Provines

46:6-7 46:16

David Provines David Provines David Provines David Provines David Provines David Provines Cross Designations David Provines Cross Designations

46:21-22 46:23 46:25-47:3 47: 4-7 49:2-4 29:12-24 (Cross)

31:13-33:25 (Cross)

Page 18

Deponent
David Provines Cross Designations David Provines Cross Designations

Page/Line
34:12-17 (Cross)

Objections
Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Improper predicate for lay opinion testimony. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Irrelevant and immaterial under Fed. R. Evid. 402. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid

36:6-9 (Cross)

David Provines Cross Designations

36:12-20 (Cross)

David Provines Cross Designations

36:21-25 (Cross)

David Provines Cross Designations

37:3-6 (Cross)

403.
David Provines Cross Designations David Provines Cross Designations David Provines Cross Designations 36:17-37:6 (Cross) Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. The offer is not in question/answer format; the designation ends in only part of a question. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403.

37:9-20 (Cross)

38:15-40:9 (Cross)

David Provines Cross Designations David Provines Cross Designations David Provines Cross Designations

41:2-5 (Cross) 41:23-45:18 (Cross)

42:10 (Cross)

Page 19

Deponent
David Provines Cross Designations David Provines Cross Designations

Page/Line
42:11-12 (Cross) 43:13 (Cross)

Objections
Objections not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objections not to be read to the jury. Leading. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objections not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objections not to be read to the jury. Leading. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objections not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objections not to be read to the jury.

David Provines Cross Designations David Provines Cross Designations

43:14-15 (Cross) 43:17-18

David Provines Cross Designations David Provines Cross Designations

43:19-20 (Cross) 43:22-44:2 (Cross)

David Provines Cross Designations David Provines Cross Designations

43:24-44:1 (Cross) 44:3-7 (Cross)

David Provines Cross Designations

44:8-13 (Cross)

David Provines Cross Designations David Provines Cross Designations

44:11-12 (Cross) 44:16-21 (Cross)

David Provines Cross Designations

44:19-20 (Cross)

Page 20

Deponent
David Provines Cross Designations

Page/Line
44:22-24 (Cross)

O bjections
Leading. Already included in Plaintiff s Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objections not to be read to the jury. Leading. Speculation. Irrelevant and immaterial under Fed. R. Evid. 402. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objection not to be read to the jury. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403. Objection not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. The offer is not in question/answer format; the designation is a question without any answer. Already included in Plaintiff's Designation of David Provines Deposition Testimony. Cumulative under Fed. R. Evid 403.

David Provines Cross Designations David Provines Cross Designations

44:25-45:1 (Cross) 45:2-5 (Cross)

David Provines Cross Designations David Provines Cross Designations

45:4 (Cross) 45:6-16 (Cross)

David Provines Cross Designations David Provines Cross Designations

45:8-9 (Cross) 45:17-18 (Cross)

Page 21

Deponent
Faye Thompson

Page/Line
12:22-16:5

Objections
Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Hearsay. Fed. R. Evid. 802. Leading. Objection not to be read to the jury. Leading. Speculation Objection not to be read to the jury. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Objection not to be read to the jury. Objection not to be read to the jury. Improper predicate for lay opinion testimony. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403 Leading. Improper predicate for lay opinion testimony. Objections not to be read to the jury. Leading Objections not to be read to the jury. Leading Objection not to be read to the jury. Leading. Speculation. Objection not to be read to the jury Objection not to be read to the jury. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403.

Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson

12:25-13:13 14:12-14 14:15 14:16 14:17 14:19-21

Faye Thompson Faye Thompson Faye Thompson

14:20 14:22 14:23-15:11

Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson Faye Thompson Cross designations Faye Thompson Cross designations

15:10-11 15:12-13 15:14-16 15:17-18 15:19-22 15:21 15:23-16:1 15:25 16:2 12:4-14:14 (Cross)

12:22-16:5 (Cross)

Page 22

Deponent
Faye Thompson Cross designations

Page/Line
12:25-13 (Cross)

Objections
Hearsay. Fed. R. Evid. 802. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff s Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid. 403. Leading. Speculation. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Speculation. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Improper predicate for lay opinion testimony. Fed. R. Evid. 701. Already included in Plaintiff"s Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403. Leading. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid 403.

Faye Thompson Cross designations

14:12-14 (Cross)

Faye Thompson Cross designations

14:16-14:18 (Cross)

Faye Thompson Cross designations

14:19-21 (Cross)

Faye Thompson Cross designations

14:23-15:11 (Cross)

Faye Thompson Cross designations

15:10-11 (Cross)

Faye Thompson Cross designations

15:14-16 (Cross)

Faye Thompson Cross designations

15:19-22 (Cross)

Page 23

Deponent
Faye Thompson Cross designations

Page/Line
15:23-16:1 (Cross)

Objections
Leading. Speculation. Already included in Plaintiff's Designation of Fay Thompson Deposition Testimony. Cumulative under Fed. R. Evid. 403.

Page 24

Deponent
Peter J. McAndrews

Page/Line
13:18-15:11

Objections
Improper predicate for opinion testimony Fed. R. Evid. 701, 702 and 703. Mr. McAndrews was not designated as an expert witness. Improper predicate for opinion testimony Fed. R. Evid 701, 702 and 703. Mr. McAndrews was not designated as an expert witness. Hearsay and Speculation. Fed. R. Evid. 802. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Optional completeness to avoid confusion. Improper predicate for opinion testimony Fed. R. Evid 701, 703 and 703. Mr. McAndrews was not designated as an expert witness. Hearsay Fed. R. Evid. 802. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Hearsay Fed. R. Evid. 802. Irrelevant and immaterial under Fed. R. Evid. 402. Hearsay Fed. R. Evid. 802. Improper predicate for opinion testimony Fed. R. Evid. 701, 702 and 703. Mr. McAndrews was not designated as an expert witness. Irrelevant and immaterial under Fed. R. Evid. 402. If deemed relevant, the probative value is outweighed by danger of unfair prejudice under Fed. R. 403. Optional completeness to avoid confusion. Hearsay Fed. R. Evid. 802. Optional completeness to avoid confusion. Nonresponsive Improper predicate for opinion testimony Fed. R. Evid 701, 702 and 703. Mr. McAndrews was not designated as an expert witness. Speculation. The offer is not in question/answer format; the designation is part of a question without any answer.

Peter J. McAndrews

44:1-47:18

Peter J. McAndrews

48:13-49:22

Peter J. McAndrews Peter J. McAndrews

55:12-56:18 65:17-68:9

Peter J. McAndrews Peter J. McAndrews

68:10-70:14 70:15-71:5

Peter J. McAndrews Peter J. McAndrews Peter J. McAndrews Peter J. McAndrews Peter J. McAndrews

71.6-9 79:4-81:2 81:5-9 82:20-23 83:25-84:11

Peter J. McAndrews Peter J. McAndrews

84:12-13 87:16-17

Page 25