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)

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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 Page 7, line 14 to page 7, line 21 Page 8, line 11 to page 8, line 25 Page 9, line 2 to page 9, line 9 Page 9, line 23 to page 9, line 25 Page 10, line 2 to page 10, line 25 Page 11, line 2 to page 11, line 12 Page 12, line 9 to page 12, line 25 Page 13, line 2 to page 13, line 4 Page 13, line 21 to page 13, line 25 Page 14, line 2 to page 14, line 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 Page 35, line 23 to page 35, line 25 Page 36, line 5 to page 36, line 14 Page 36, line 22 to page 36, line 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 Page 44, line 2 to page 44, line 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 Page 5, line 14 to page 5, line 25 Page 6, line 1 to page 6, line 6 Page 206, line 14 to page 206, line 25 Page 207, line 1 to page 207, line 13 Page 214, line 16 to page 214, line 21 Page 214, line 23 Page 215, line 2 to page 215, line 25 Page 216, line 1 to page 216, line 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 Page 6, line 11 to page 6, line 16 Page 9, line 23 to page 9, line 25 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 Page 97, line 7 to page 97, line 24 402/403/701/801 FRE Page 98, line 10 to page 98, line 25 402/403/701/801 FRE Page 99, line 2 to page 99, line 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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