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
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