Filed: May 29, 2014
Latest Update: May 29, 2014
Summary: ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Ameritox's Motion to Exclude Deposition Testimony and Compel Settlement Agreement. (Doc. No. 498). Millennium opposes the motion. (Doc. No. 506). As explained below, the motion is granted in part and deferred in part. Ameritox moves for a Court order directing Millennium to provide it with a copy of the settlement agreement entered into in an unrelated case on May 5, 2014 between Jodie Strain (a witness in this case
Summary: ORDER SUSAN C. BUCKLEW, District Judge. This cause comes before the Court on Ameritox's Motion to Exclude Deposition Testimony and Compel Settlement Agreement. (Doc. No. 498). Millennium opposes the motion. (Doc. No. 506). As explained below, the motion is granted in part and deferred in part. Ameritox moves for a Court order directing Millennium to provide it with a copy of the settlement agreement entered into in an unrelated case on May 5, 2014 between Jodie Strain (a witness in this case)..
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ORDER
SUSAN C. BUCKLEW, District Judge.
This cause comes before the Court on Ameritox's Motion to Exclude Deposition Testimony and Compel Settlement Agreement. (Doc. No. 498). Millennium opposes the motion. (Doc. No. 506). As explained below, the motion is granted in part and deferred in part.
Ameritox moves for a Court order directing Millennium to provide it with a copy of the settlement agreement entered into in an unrelated case on May 5, 2014 between Jodie Strain (a witness in this case) and Millennium. The Court concludes that the settlement agreement is relevant and will direct that Millennium provide Ameritox with a copy by May 30, 2014.
Next, Ameritox moves to exclude the introduction of Strain's May 22, 2014 deposition testimony. Ameritox has indicated in its motion that it intends to call Strain to testify live at trial. If Ameritox calls Strain to testify live, Millennium can cross-examine Strain at that time, and use of her May 22, 2014 deposition (for reasons other than impeachment) would be unnecessary. If Ameritox does not call Strain to testify live at trial, and instead introduces her November 2012 deposition testimony,1 the Court will determine at that time whether to allow Millennium to introduce Strain's May 22, 2014 deposition testimony.
Accordingly, it is ORDERED AND ADJUDGED that Ameritox's Motion to Exclude Deposition Testimony and Compel Settlement Agreement (Doc. No. 498) is GRANTED to the extent that the Court directs Millennium to provide Ameritox with a copy of the settlement agreement by May 30, 2014. The Court defers ruling on the motion to the extent that Ameritox's seeks to exclude Strain's May 22, 2014 deposition testimony.
DONE AND ORDERED.
