United States of America v. Spectrum Brands, Inc.

Filing 228

ORDER on Deposition Designations. Signed by District Judge William M. Conley on 2/21/2017. (voc)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN UNITED STATES OF AMERICA, Plaintiff, ORDER v. 15-cv-371-wmc SPECTRUM BRANDS, INC., Defendant. The court rules as follows on the objections to deposition designations. PETER TAUBE Government’s Designations 18:23 – 20:6 29:8 – 30:3 35:9:21 108:17 – 110:7 147:10-24 Spectrum’s Objections Court Ruling 19:22 – 20:6 – Objection – Irrelevant, Lack of personal knowledge Objection – mischaracterizes testimony, Lack of Foundation, Lack of personal Knowledge, Speculation Objection – Lack of Foundation SUSTAINED Objection - Hearsay OVERRULED 147:10 – 147:20 – Objection – Hearsay, Lack of Foundation, Speculation, Lack of Personal Knowledge SUSTAINED OVERRULED as to 29:823, otherwise SUSTAINED OVERRULED STUART SLUGH Government’s Designations 25:9-25 Spectrum’s Objections 25:9—25:25: Objection, see Spectrum Brand’s Motion in Limine No. 6, incorporated by reference. Court Ruling SUSTAINED to the extent calls for legal conclusion; OVERRULED as to the witness’s understanding Government’s Designations 50:9 – 51:11 57:3 – 59:14 66:2 – 69:11 69:12 – 73:5 73:17 – 74:21 75:21 – 78:8 Spectrum’s Objections Court Ruling 50:9-23 – Objection Irrelevant, lack of personal knowledge SUSTAINED as to 50:914, OVERRULED as to 50:15-23 59:3-6 Objection Mischaracterizes testimony OVERRULED 67:7-23; 68:22 – 69:11 – Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. OVERRULED except to the truth of the matter asserted No objection to remainder 71:15 – 73:5 Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 74:20-21 – Objection Mischaracterizes testimony No objection to remainder 76:25 – 77:17 Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 2 OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted Government’s Designations 86:18 – 88:14 88:18 – 89:23 90:3 – 91:7 95:1 – 98:6 108:14 – 109:17 Spectrum’s Objections 88:4-14 – Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. Court Ruling OVERRULED except to the truth of the matter asserted No objection to remainder 89:10-23 – Objection - Hearsay, OVERRULED except to lack of foundation, lack of the truth of the matter personal knowledge, see asserted Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 90:3 – 91:3 Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. 108:14 – 109:10 – Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident 3 OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted Government’s Designations Spectrum’s Objections Court Ruling reports incorporated herein by reference. No objection to remainder 109:20 – 110:6 115:5 – 117:17 120:8 – 122:17 124:21 – 126:3 109:20 – 110:6 Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 115:5-15; 116:16-21 – Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 121:2 – 122:17 Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 125:11 – 126:3 – Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 4 OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted Government’s Designations 131:5 – 133:22 137:2 – 139:14 140:23 – 142:24 153:22 – 156:14 156:22 – 157:7 Spectrum’s Objections 132:3 – 133:2 Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 137:21 – 138:12; 138:21 – 139:5 – Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 141:18 – 142:8 – Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 154:16 – 155:5; 156:12-14 – Objection - Hearsay, lack of foundation, lack of personal knowledge, speculation; see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder Objection - Hearsay, lack of foundation, lack of personal 5 Court Ruling OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to Government’s Designations 157:11 – 158:19 161:11 – 163:15 163:16 – 165:6 166:5 – 168:24 Spectrum’s Objections knowledge, speculation; see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. 158:5-19 – Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder 161:23 – 162:9 – Objection Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. Court Ruling the truth of the matter asserted OVERRULED except to the truth of the matter asserted OVERRULED except to the truth of the matter asserted No objection to remainder 164:8-22 – Objection - Hearsay, OVERRULED except to lack of foundation, lack of the truth of the matter personal knowledge, see asserted Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. No objection to remainder Objection - Hearsay, lack of foundation, lack of personal knowledge, see Motion in Limine #2 to exclude hearsay evidence contained within consumer incident reports incorporated herein by reference. 6 OVERRULED except to the truth of the matter asserted Government’s Designations Spectrum’s Objections 168:6-16 – Objection Irrelevant Court Ruling OVERRULED except to the truth of the matter asserted Entered this 21st day of February, 2017. BY THE COURT: /s/ __________________________________________ WILLIAM M. CONLEY District Judge 7

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