AMERITOX, LTD. v. MILLENNIUM HEALTH, LLC, 13-cv-832-wmc. (2015)
Court: District Court, E.D. Wisconsin
Number: infdco20150410f04
Visitors: 11
Filed: Apr. 09, 2015
Latest Update: Apr. 09, 2015
Summary: ORDER WILLIAM M. CONLEY , District Judge . Having reviewed deposition designations, counter-designations and any objections of witness Howard Appel, the court makes the following rulings. The approved designations may be presented to the jury unless the witness is available to testify in person. The parties shall remove all objections and any other asides or discussions between counsel, even where not noted by the court in its rulings. If the court sustained the objection to the original
Summary: ORDER WILLIAM M. CONLEY , District Judge . Having reviewed deposition designations, counter-designations and any objections of witness Howard Appel, the court makes the following rulings. The approved designations may be presented to the jury unless the witness is available to testify in person. The parties shall remove all objections and any other asides or discussions between counsel, even where not noted by the court in its rulings. If the court sustained the objection to the original t..
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ORDER
WILLIAM M. CONLEY, District Judge.
Having reviewed deposition designations, counter-designations and any objections of witness Howard Appel, the court makes the following rulings. The approved designations may be presented to the jury unless the witness is available to testify in person. The parties shall remove all objections and any other asides or discussions between counsel, even where not noted by the court in its rulings. If the court sustained the objection to the original testimony, the counter designations are also out.
NOVEMBER 11; 2011 DEPOSITION OF HOWARD APPEL
Plaintiffs' Millennium's Millennium's Ruling
Designations Objections Counter-Designations
11:9-13
17:17-18:13 Relevance Overruled
18:19-23 Relevance Overruled
19:19-20:8 Relevance Overruled
20:22-21:7 Form Overruled
Foundation; Barred by Judge Sustained
29:19-30:7
Crocker ruling; Relevance
49:18-23 Foundation 48:2-12; 49:24-25 Overruled
81:5-9
82:2-19 84:3-12
85:2-16
85:24-87:4
120:24-121:10 121:11-12
121:19-22
121:25-123:10
123:21-124:9
124:18-23
125:2-126:10
Form; Foundation Sustained as to
177:17-182:21 182:6-7; overruled in
all other respects
183:6-20
204:13-205:16
JANUARY 21, 2015 DEPOSITION OF HOWARD APPEL
Plaintiffs' Millennium's Millennium's Ruling
Designations Objections Counter-Designations
9:19-10:18
10:23-24
11:13-23 11:25-12:20
22:6-20
22:23-23:4 Form Overruled
23:15-24:6
24:16-25:14 25:20-26:4
26:5-27:4
27:25-31:21 Form Overruled
32:1-4
33:15-34:20 34:21-35:1
36:18-37:8
37:18-38:14 Form Overruled
39:16-21 Calls for Speculation; Incomplete Overruled
42:16-44:9 Relevance 64:6-8; 64:12-14 Sustained
47:24-48:9
48:17-49:3
52:1-18 52:19-53:9
54:5-55:13 55:14-17
55:18-25
56:13-57:3
Foundation, Scope; Calls for Sustained as to
57:13-58:24 Speculation liability; overruled as
to damages
60:16-61:1
61:19-25
64:9-11 64:6-8; 64:12-14
JANUARY 21, 2015 DEPOSITION OF HOWARD APPEL
64:15-17
65:6-66:4
Relevance; More prejudicial than Sustained as to
66:7-67:12 probative liability; overruled as
to damages
Relevance; More prejudicial than Sustained
68:9-15 probative
68:24-69:24 69:25-70:1
70:2-72:9
73:6-9 Form; Foundation Sustained
73:24-74:15
75:2-76:5 76:6-9
77:19-78:10
78:15-79:15
80:2-5 80:8-81:1
81:12-82:23
84:19-85:10
86:22-87:19
Form; Foundation; Calls for Sustained
92:20-94:10 Speculation; Relevance
95:24-96:4
98:4-20 Relevance Sustained
104:6-20
107:25-108:20
109:18-21
Incomplete Hypothetical; Calls for Sustained as to
115:12-116:7 Speculation; Relevance liability; overruled as
to damages
Foundation; Relevance; Opinion Sustained as to
116:17-117:4 Testimony liability; overruled as
to damages
Foundation; Relevance; Opinion Sustained as to
118:15-24 Testimony liability; overruled as
to damages
Foundation; Relevance; Opinion Sustained
119:2-13 Testimony
Speculation; Foundation Sustained as to
121:25-123:6 liability; overruled as
to damages
JANUARY 21, 2015 DEPOSITION OF HOWARD APPEL
123:13-23 123:24-124:5
126:14-22
Relevance; More prejudicial than Sustained; 128:12-13
127:18-128:6 probative is also excluded
128:12-13 128:7-11
131:10-132:1 Relevance Sustained
141:9-142:8
Form; Foundation; Relevance 152:13-19 Sustained as to
151:24152:12 liability; overruled as
to damages
Form; Foundation; Relevance 152:13-19 Sustained as to
152:21-153:25 liability; overruled as
to damages
154:6-155:7
156:12-158:19 Hearsay Overruled
159:19-160:10 Hearsay 160:11-21; 163:8-19 Overruled
160:22-162:2 Hearsay; Foundation 160:11-21; 163:8-19 Sustained
167:3-170:11 Foundation; Calls for Speculation 170:13-21 Overruled
170:22-171:9 Calls for Opinion Testimony Overruled
177:21-178:3 178:5-14
180:23-182:15 More prejudicial than probative Overruled
185:13-186:4 More prejudicial than probative Overruled
186:21-188:2 More prejudicial than probative Sustained
188:9-189:3 More prejudicial than probative Sustained
Foundation; Form; Calls for Opinion Sustained
189:14-194:5
Testimony; Calls for Speculation
Foundation; Form; Calls for Opinion 195:4-13 Sustained
194:17-195:2
Testimony; Calls for Speculation
198:11-20 Hearsay Overruled
More prejudicial than probative; Overruled
199:3-200:24
Hearsay; Foundation
201:19-202:20 Hearsay; More prejudicial than Overruled
probative
JANUARY 21, 2015 DEPOSITION OF HOWARD APPEL
More prejudicial than probative; Sustained as to
Relevance liability; overruled as
203:9-204:13 to damages
More prejudicial than probative; Sustained
204:21-205:5 Relevance; Opinion Testimony
206:19-208:13 Hearsay Sustained
209:2-23 209:25-210:13
213:24-214:9
219:20-220:2 219:7-19
222:16-24 221:23-222:8
223:2-6 221:23-222:8
223:17-224:25 Foundation; Calls for Speculation; 225:1-4 Sustained
Relevance
Foundation; Calls for Speculation; 225:1-4 Sustained
225:5-10 Relevance
231:13-16
Hearsay; More prejudicial than 234:13-22 Sustained
232:4-234:12 probative; Calls for Speculation;
Foundation
Hearsay; More prejudicial than 235:9-10 Sustained
235:4-8 probative; Calls for Speculation;
Foundation
Relevance Sustained as to
242:14-243:7 liability; overruled as
to damages
244:8-19 Relevance Sustained
246:7-11 Foundation; Relevance 246:12-16 Sustained
246:17-247:1 Relevance; Form 246:12-16 Sustained
Form; Foundation; Incomplete 259:14-16 Sustained
256:14-259:13 Hypothetical; Calls for Speculation;
Relevance
Form; Foundation; Incomplete 259:14-16 Sustained
259:17-24 Hypothetical; Calls for Speculation;
Relevance
Foundation; Calls for Speculation; 263:8-14 Overruled
260:9-262:14 Opinion Testimony; Hearsay
Foundation; Calls for Speculation; Overruled
264:9-265:3 Opinion Testimony; Hearsay
JANUARY 21, 2015 DEPOSITION OF HOWARD APPEL
Misidentification/unclear what this Overruled
264:16-265:7 refers to — see above
269:4-18 Relevance; Form; Foundation Sustained
Relevance; Form; Foundation Sustained as to
272:15-273:7 liability; overruled as
to damages
276:4-7 276:8-10
276:11-277:22 Foundation; Calls for Speculation; 276:8-10 Overruled
Opinion Testimony
Form; Foundation; Hearsay; 285:6-21 Overruled as to
279:22-283:15 Relevance 282:1-23; Sustained
in all other respects
Form; Foundation; Calls for 285:6-21 Sustained as to
283:20-285:4 Speculation; Hearsay; Relevance liability; overruled as
to damages
290:24-291:20 Hearsay 285:6-21 Sustained
292:13-293:17
Relevance; More prejudicial than Sustained
294:5-295:5 probative
296:13-297:19 Foundation; Hearsay 297:20-298:4 Overruled
298:5-299:16 Foundation; Hearsay 297:20-298:4 Sustained
Relevance; More prejudicial than Sustained
300:2-301:1 probative
Foundation; Calls for Speculation; Overruled as to
Hearsay; Relevance; More prejudicial 302:20-303:8;
301:8-304:17 than probative sustained in all other
respects
305:20-307:8 307:9-13
307:24-308:2
Form; Foundation; Calls for Sustained
308:12-310:1 Speculation; Relevance; More
prejudicial than probative
314:12-315:11
316:25-319:2 Hearsay; Foundation Overruled
JANUARY 21, 2015 DEPOSITION OF HOWARD APPEL
319:9-320:16
Foundation; Calls for Speculation; Sustained
321:8-322:12 Hearsay
323:18-324:18 Foundation; Calls for Speculation; Sustained
Hearsay
Foundation; Hearsay; Relevance Sustained as to
325:2-25 liability; overruled as
to damages
Foundation; Hearsay; Relevance Sustained as to
326:8-327:22 liability; overruled as
to damages
Foundation; Calls for Speculation; Sustained as to
328:20-330:3 Hearsay; Relevance liability; overruled as
to damages
Foundation; Calls for Speculation; Sustained as to
330:7-17 Hearsay; Relevance liability; overruled as
to damages
331:24-335:10 Foundation; Calls for Speculation; Sustained
Hearsay; Relevance
Foundation; Calls for Speculation; Sustained as to
335:18-337:16 Hearsay; Relevance liability; overruled as
to damages
Source: Leagle
