ABS Global, Inc. v. Inguran, LLC
Filing
636
ORDER on deposition designations as to Ben Verwer, Kenneth Michael Evans, Ryan Christensen, James Wood and Cynthia Ludwig. Signed by District Judge William M. Conley on 8/2/2016. (voc)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ABS GLOBAL, INC.,
Plaintiff/Counterclaim Defendant,
ORDER
v.
14-cv-503-wmc
INGURAN, LLC,
Defendant/Counterclaimant/Third-Party Plaintiff,
and
XY, LLC,
Intervening Defendant/Counterclaimant/Third-Party Plaintiff,
v.
GENUS PLC,
Third-Party Defendant.
Having reviewed ABS’s corrected amended proponent deposition designations
(dkt. #631), as well as the parties’ additional briefing with respect to Cynthia Ludwig
and James Wood, the court makes the following rulings as to witnesses Ben Verwer,
Kenneth Michael Evans, Ryan Christensen, James Wood and Cynthia Ludwig. The approved
designations may be presented to the jury unless the witness is available to testify in
person. ABS shall remove all objections and any other asides or discussions between
counsel and/or with the court reporter, even where not noted by the court in its
rulings. This completes all designations of witnesses ABS indicated it would use at
trial.
ABS/Genus Initial Designation
Page 5, line 10 to page 5, line
13
Page 5, line 17 to page 5, line
25
Page 6, line 2 to page 6, line 19
Page 6, line 23 to page 6, line
25
Page 7, line 2 to page 7, line 3
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25
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25
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16
Page 15, line 10 to page 15, line
15
ST/XY
Objection
Deposition of Ben Verwer
(May 9, 2016)
ABS/ST
ST/XY
Objection
ABS/Genus CounterCounter Designation
Ruling
ABS/Genus Initial Designation
Page 16, line 3 to page 16, line
6
Page 19, line 2 to page 19, line
14
Page 19, line 22 to page 19, line
25
Page 20, line 2 to page 20, line
4
Page 20, line 8 to page 20, line
25
Page 21, line 11 to page 21, line
16
Page 22, line 2 to page 22, line
25
Page 23, line 2 to page 23, line
15
Page 25, line 4 to page 25, line
25
Page 26, line 2 to page 26, line
4
Page 26, line 8 to page 26, line
25
Page 27, line 2 to page 27, line
14
Page 31, line 23 to page 31, line
25
Page 33, line 9 to page 33, line
17
Page 33, line 22 to page 33, line
ST/XY
Objection
Deposition of Ben Verwer
(May 9, 2016)
ABS/ST
ST/XY
Objection
21:23-25
3
ABS/Genus CounterCounter Designation
Ruling
ABS/Genus Initial Designation
25
Page 34, line 2 to page 34, line
6
Page 34, line 13 to page 34, line
15
Page 34, line 24 to page 34, line
25
Page 35, line 2
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25
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14
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25
Page 37, line 2 to page 37, line
10
Page 38, line 14 to page 38, line
25
Page 39, line 2 to page 39, line
23
Page 40, line 15 to page 40, line
25
Page 41, line 2
ST/XY
Objection
Deposition of Ben Verwer
(May 9, 2016)
ABS/ST
ST/XY
Objection
ABS/Genus CounterCounter Designation
Ruling
FRE 801
Overruled
FRE 801
Overruled
FRE 801
Overruled
FRE 801
Sustained as to
39:11-23; otherwise
overruled
Sustained
FRE 602
Because the court
sustains the
objection to the
question at 40:25,
41:2 is also
excluded.
4
ABS/Genus Initial Designation
ST/XY
Objection
FRE 801; FRE
602
FRE 602
Page 41, line 6 to page 41, line
25
Page 42, line 2 to page 42, line
16
Page 42, line 20 to page 42, line
25
Page 43, line 2 to page 43, line FRE 801; FRE
25
602
FRE 801
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20
Page 52, line 10 to page 52, line
25
Page 53, line 2 to page 53, line
5
Page 53, line 9 to page 53, line
19
Page 119, line 2 to page 119,
line 14
Deposition of Ben Verwer
(May 9, 2016)
ABS/ST
ST/XY
Objection
ABS/Genus CounterCounter Designation
Ruling
Sustained
Sustained
Overruled
44:21-45:5
Overruled
59:5-10
59:23-60:16
61:5-64:11
65:14-66:6
66:9-66:23
66:25-68:14
68:21-69:23
74:18-75:6
76:3-77:8
86:25-88:6
88:19-89:3
Counter-designations
will be included.
5
ABS/Genus Initial Designation
ST/XY
Objection
Deposition of Ben Verwer
(May 9, 2016)
ABS/ST
ST/XY
Objection
91:21-92:15
97:20-98:19
99:23-100:5
100:11101:3
101:5-6
101:18-21
102:9-21
102:23103:8
103:11-18
110:7111:16
117:11-14
117:16-18
118:19-22
125:22127:20
131:6-12
132:10133:5
133:21-22
6
ABS/Genus CounterCounter Designation
Ruling
Deposition of Kenneth Michael Evans
(August 19, 2015)
ABS/ST
ABS/Genus Initial Designation ST/XY Objection
ST/XY
Objection
Page 7, line 6 to page 7, line 11
Page 7, line 18 to page 7, line 20
Page 96, line 16 to page 96, line
25
Page 97, line 2 to page 97, line
25
Page 98, line 2 to page 98, line
20
99:24-100:14
112:18-113:5 The counterdesignated
objection of
counsel at
112:21 is not
evidence and
should not be
played for the
jury.
113:17-114:8
7
ABS/Genus CounterCounter Designation
Ruling
Sustained
30(b)(6) Deposition of Inguran, LLC and XY, LLC by Kenneth Michael Evans
(August 19, 2015)
ST/XY
ABS/ST
ABS/Genus CounterABS/Genus Initial Designation
ST/XY
Objection
Objection
Counter Designation
Page 20, line 18 to page 20, line FRE 701/704; asks
22
for legal
conclusion;
improper attorney
testimony; FRE
106; attorney
narrative
Page 21, line 4 to page 21, line FRE 701/704; asks
12
for legal
conclusion;
improper attorney
testimony; FRE
106; attorney
narrative
Page 21, line 14 to page 21, line
25
Compound
Page 22, line 2 to page 22, line 6
Page 22, line 8 to page 22, line
13
Page 25, line 25
Page 26, line 2 to page 26, line 3
Page 26, line 6 to page 26, line
8
Ruling
Overruled
Overruled
Sustained as to
22:4-6;
otherwise
overruled
Because the
court sustains
the objection to
the question at
22:4-6, 22:8 is
also excluded.
30(b)(6) Deposition of Inguran, LLC and XY, LLC by Kenneth Michael Evans
(August 19, 2015)
ST/XY
ABS/ST
ABS/Genus CounterABS/Genus Initial Designation
ST/XY
Objection
Objection
Counter Designation
10
26:17-19
In fairness, under 26:23-25
Page 26, line 12 to page 26, line
16
FRE 106, the jury
should hear
26:23-25 as well
as the counterdesignated
testimony.
Page 27, line 18 to page 27, line Lacks foundation;
25
lacks predicate to
the question;
ambiguous; FRE
106
Page 28, line 2 to page 28, line 8
28:13-17
Page 28, line 10 to page 28, line
12
28:19-20
9
Ruling
Overruled; the
counter-counter
designation
will not be
included, but
27:2 will be
included
Overruled
30 (b)(6) Deposition of Inguran, LLC and XY, LLC by Ryan Christensen
(August 27, 2015)
ST/XY
ABS/ST
ABS/Genus CounterABS/Genus Initial Designation
ST/XY
Objection
Objection
Counter Designation
Page 7, line 21 to page 7, line
25
Page 8, line 2 to page 8, line 8
Page 10, line 5 to page 10, line
18
Page 14, line 21 to page 14, line
25
Page 15, line 2
Page 16, line 7 to page 16, line
19
Page 16, line 24 to page 16, line
25
150:17Page 150, line 12 to page 150, 701/704; calls for
line 16
legal conclusion
151:11
10
Ruling
Overruled; the
counter-designation
will be included
ABS/Genus Initial Designation
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Page 6, line 1 to page 6, line 6
Page 206, line 14 to page 206,
line 25
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13
Page 214, line 16 to page 214,
line 21
Page 214, line 23
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25
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2
Page 216, line 12 to page 216,
line 24
Page 220, line 20 to page 220,
line 24
Deposition of James C.S. Wood
(June 3, 2015)
ST/XY
ABS/ST
ST/XY
Objection
Objection
ABS/Genus CounterCounter Designation
Ruling
Because the court
sustains the
objections to the
designations, all
designations and
counter-designations
are excluded
FRE 701
FRE 701
FRE 701
FRE 701
FRE 701
FRE 701
216:25217:20
235:12-16
246:19247:13
247:16248:24
249:4-10
11
Deposition of Cynthia L. Ludwig
(March 9, 2016)
ABS/ST
ABS/Genus Initial Designation ST/XY Objection
ST/XY
Objection
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Page 10, line 2 to page 10, line 5
Page 10, line 24 to page 10, line
25
Page 11, line 2 to page 11, line 3
Page 12, line 9 to page 12, line
11
Page 14, line 9 to page 14, line
21
FRE
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24
402/403/701/801
FRE
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25
402/403/701/801
FRE
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18
402/403/701/801
Entered this 2nd of August, 2016.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge
12
ABS/Genus CounterCounter Designation
Ruling
Because the
court sustains
the objections
to the
designations
based on lack
of foundation,
all
designations
are excluded
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