Johnson v. C R Bard Incorporated et al

Filing 269

ORDER on Deposition Designations as to Frederick Rogers. Signed by District Judge William M. Conley on 6/4/2021. (nks) (Entered: 06/04/2021)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
NATALIE JOHNSON,
Plaintiff,

ORDER

v.
19-cv-760-wmc
C.R. BARD INC. and
BARD PERIPHERAL VASCULAR INC.,
Defendants.

Before the court is the parties’ request for ruling on objections to certain deposition
designations as to Frederick Rogers.
DEPONENT PL
AFFIRM

DEF OBJECTIONS

Rogers,
Frederick
07/18/2017

Bard objects to Plaintiff’s
references to “Admitted
in the Peterson case” as a
basis for allowing a
designation to played, or
overruling an objection,
and submits that the
testimony should be
consider based on the
facts and applicable law
and rulings in this case.
The Peterson case
involved a different filter,
different claims, and was
decided under different
state law.

Rogers,
Frederick
07/18/2017

6:03-6:04

PL RESPONSE TO
OBJECTIONS

Admitted in Peterson

1

COURT
RULING

Rogers,
Frederick
07/18/2017

46:0646:09

Rogers,
Frederick
07/18/2017

46:2347:04

Rogers,
Frederick
07/18/2017

60:2260:25

Admitted in Peterson

Rogers,
Frederick
07/18/2017

61:0861:25

Admitted in Peterson

Rogers,
Frederick
07/18/2017

101:17101:23

Admitted in Peterson

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. This case does not
involve a situation where
a filter was placed as a
result of a trauma-related
injury.

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

2

Admitted in Peterson
Foundation testimony

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

OVERRULED

Rogers,
Frederick
07/18/ 2017

101:25

Rogers,
Frederick
07/18/2017

102:02102:07

Admitted in Peterson

Rogers,
Frederick
07/18/2017

102:09102:12

Admitted in Peterson

Rogers,
Frederick
07/18/2017

106:10106:14

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

Admitted in Peterson
Foundation testimony. The
testimony is highly relevant
as it is about the witness'
research as to the
risk/benefits of retievable
IVC filters like the
Meridian.

OVERRULED

Rogers,
Frederick
07/18/2017

106:18106:19

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.
Exhibit is hearsay.

Admitted in Peterson
Foundation testimony. The
document is learned treatise
or peroldical and testimony
from the document is not
hearsay. FRE 803(18). The
article is highly relevant as
directly addresses the
risk/benefit analysis for the
retrievable IVC filters like
the Meridian filter. It is not
unfairly prejudical.

OVERRULED

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect.

3

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

107:01107:13

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.
Exhibit is hearsay.

Admitted in Peterson
Foundation testimony. The
document is learned treatise
or peroldical and testimony
from the document is not
hearsay. FRE 803(18). The
article is highly relevant as
directly addresses the
risk/benefit analysis for the
retrievable IVC filters like
the Meridian filter. It is not
unfairly prejudical.

OVERRULED

Rogers,
Frederick
07/18/2017

108:23108:25

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.
Exhibit is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

109:05109:06

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

4

Rogers,
Frederick
07/18/2017

110:04110:06

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

111:18112:03

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

112:05112:07

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

5

Rogers,
Frederick
07/18/2017

112:12112:16

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

113:19114:23

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

114:25115:01

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

6

Rogers,
Frederick
07/18/2017

115:03115:06

Rogers,
Frederick
07/18/2017

117:04118:05

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

118:07

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

118:09118:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their

OVERRULED

Admitted in Peterson

7

Rules 801/802.
Testimony is hearsay.

filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

Rogers,
Frederick
07/18/2017

118:14118:15

Rogers,
Frederick
07/18/2017

118:17118:23

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

118:25

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

119:02119:05

Admitted in Peterson

Admitted in Peterson

8

Rogers,
Frederick
07/18/2017

119:07
(ending
Yes.)

Rogers,
Frederick
07/18/2017

119:07119:11

Rogers,
Frederick
07/18/2017

119:13119:24

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson

OVERRULED

Rogers,
Frederick
07/18/2017

120:01

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's

OVERRULED

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Admitted in Peterson

9

assessment of the benefits
of the filter at issue.

Rogers,
Frederick
07/18/2017

123:08123:11

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.
Foundation

STRIKE as
cumulative

Rogers,
Frederick
07/18/2017

123:14123:25

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

STRIKE as
cumulative

10

Rogers,
Frederick
07/18/2017

124:02

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

STRIKE as
cumulative

Rogers,
Frederick
07/18/2017

124:04124:21

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.
Rules 801/802.
Testimony is hearsay.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

STRIKE as
cumulative

Rogers,
Frederick
07/18/2017

124:22125:02

Admitted in Peterson

Rogers,
Frederick
07/18/2017

125:03125:06

Admitted in Peterson

Rogers,
Frederick
07/18/2017

125:08125:18

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial

11

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the

OVERRULED

effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.

door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

Rogers,
Frederick
07/18/2017

125:19125:22

Admitted in Peterson

Rogers,
Frederick
07/18/2017

125:25126:04

Admitted in Peterson

Rogers,
Frederick
07/18/2017

126:06126:10

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

126:12

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's

OVERRULED

12

assessment of the benefits
of the filter at issue.

Rogers,
Frederick
07/18/2017

126:14126:16

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

126:19126:20

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &
403. Irrelevant and
Unfairly prejudicial.

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by
presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

OVERRULED

Rogers,
Frederick
07/18/2017

126:22127:01

Rules 401, 402, 403.
Testimony does not
involve filter at issue
and/or failure modes at
issue; Irrelevant and any
probative value
outweighed by prejudicial
effect. Rules 401, 402 &

Admitted in Peterson
Testimony is relevant to the
risks and general lack of
efficacy of the class of
products at issue, including
and especially the filter at
issue. Defendants open the
door to such testimony by

OVERRULED

13

403. Irrelevant and
Unfairly prejudicial.

DEPONENT DEF
PL OBJECTIONS
COUNTER
Rogers,
Frederick
07/18/2017

115:03115:06

Rogers,
Frederick
07/18/2017

119:07119:11

Rogers,
Frederick
07/18/2017

120:03120:07

Rogers,
Frederick
07/18/2017

120:09120:21

OVERRULED

111:01111:12

Rogers,
Frederick
07/18/2017

Witness is merely providing
a complete response to
Plaintiff's counsel's
questioning. The testimony
is directly responsive to the
question presented.

110:21110:24

Rogers,
Frederick
07/18/2017

COURT
RULING

102:09102:12

Rogers,
Frederick
07/18/2017

DEF RESPONSE TO
OBJECTIONS

102:02102:07

Rogers,
Frederick
07/18/2017

presenting argument and
evidence regarding the lifesaving properties of their
filters. Further, evidence is
relevant to the jury's
assessment of the benefits
of the filter at issue.

non-responsive after "yes"

14

Rogers,
Frederick
07/18/2017

120:23121:05

Rogers,
Frederick
07/18/2017

124:22125:02

Rogers,
Frederick
07/18/2017

125:19125:22

Rogers,
Frederick
07/18/2017

125:25126:04

Rogers,
Frederick
07/18/2017

127:03127:05

Outside the scope of
direct

This is questioning
performed by Plaintiff's
counsel, and which is within
the scope of the use of
filters and anticoagulation
in trauma patients.

OVERRULED

Rogers,
Frederick
07/18/2017

127:07127:14

Outside the scope of
direct

This is questioning
performed by Plaintiff's
counsel, and which is within
the scope of the use of
filters and anticoagulation
in trauma patients.

OVERRULED

Rogers,
Frederick
07/18/2017

127:16128:02

Calls for speculation;
outside the scope of
direct

This is questioning
performed by Plaintiff's
counsel, and which is within
the scope of the use of
filters and anticoagulation
in trauma patients.

OVERRULED

Accordingly, IT IS ORDERED that the parties’ request for rulings on objections to certain
designations is GRANTED, and the objections are sustained in part and overruled in part as
provided above.
Entered this 4th day of June, 2021.
BY THE COURT:
15

/s/
__________________________________
WILLIAM M. CONLEY
District Judge

16