Digiacomo v. Kennebec County, 1:18-cv-163-GZS. (2019)
Court: District Court, D. Maine
Number: infdco20190805455
Visitors: 8
Filed: Jul. 30, 2019
Latest Update: Jul. 30, 2019
Summary: ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS GEORGE Z. SINGAL , District Judge . Before the Court is Defendants' Objections to Plaintiff's Amended Designation of Deposition Transcripts to be Used at Trial (ECF No. 56) and Plaintiff's Objection to Defendants' Designations of Deposition Transcripts to be Used at Trial (ECF No. 64). The Court now issues the following rulings: Defendant Objections: Deponent Page, Line Objection Counter-Desi
Summary: ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS GEORGE Z. SINGAL , District Judge . Before the Court is Defendants' Objections to Plaintiff's Amended Designation of Deposition Transcripts to be Used at Trial (ECF No. 56) and Plaintiff's Objection to Defendants' Designations of Deposition Transcripts to be Used at Trial (ECF No. 64). The Court now issues the following rulings: Defendant Objections: Deponent Page, Line Objection Counter-Desig..
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ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS
GEORGE Z. SINGAL, District Judge.
Before the Court is Defendants' Objections to Plaintiff's Amended Designation of Deposition Transcripts to be Used at Trial (ECF No. 56) and Plaintiff's Objection to Defendants' Designations of Deposition Transcripts to be Used at Trial (ECF No. 64). The Court now issues the following rulings:
Defendant Objections:
Deponent Page, Line Objection Counter-Designation RULING
Louise Schimke 46:6-48:18 Rule 401, Rule 403, Sustained.
Confusion of the issue
(testimony relates to a
previously dismissed
plaintiff)
74:14-76:23 Hearsay, lack of Sustained.
foundation,
lack of personal
knowledge
Bobbi-Jo Dumas 20:20-26:13 Rule 401, Rule 403, Sustained as to
partially hearsay 20:20-24; 22:6-23:15
within hearsay, & 24:23-26:13.
confusion of issues Overruled as to
20:25-22:5 &
23:16-24:22.
27:11-28:20 Rule 401, Rule 403 Sustained as to
(objection is 28:3-20.
as to page
28:3-20)
30:12-36:23 Rule 401, Rule 403, 36:8-37:23 Sustained.
lack of foundation,
lack of personal
knowledge, speculation
39:8-13 Rule 401, Rule 403 Sustained.
41:14-42:16 Rule 401, Rule 403 Sustained.
43:18-44:16 Rule 401, Rule 403, 44:17-45:18 Sustained.
hearsay
45:22-46:2 Rule 401, Rule 403, Overruled.
hearsay
46:16-47:25 Rule 401, Rule 403, (Defendant Overruled.
hearsay reserves the
right to use this
testimony . . . to
rebut other
testimony of
this witness)
52:14-54:22 Rule 401, Rule 403 Sustained.
56:2-9 Rule 401, Rule 403 Sustained.
59:18-60:15 Rule 401, Rule 403 Sustained.
Karen Heavey 15:18-18:16 Rule 401, Rule 403 Sustained.
Morin
22:8-23:14 Rule 401, Rule 403 Sustained.
24:3-25:13 Rule 401, Rule 403, Sustained as to
hearsay, lack of 24:8-25:13.
foundation,
speculation, lack of
personal knowledge
26:19-27:2 Rule 401, Rule 403 Overruled.
28:9-21 Rule 401, Rule 403, lack Sustained.
of context
33:24-34:13 Rule 401, Rule 403 Sustained.
Alfred Morin 9:25-11:7 Rule 401, Rule 403, Sustained.
inadmissible opinion evidence
13:2-12 Rule 401, Rule 403 Sustained.
13:14-14:1 Rule 401, Rule 403 Sustained.
15:23-17:2 Rule 401, Rule 403 Overruled.
18:7-19:14 Rule 401, Rule 403 Sustained as to,
(objection is to 18:24-19:14
18:24-19:14)
20:18-21:21 Rule 401, Rule 403, lack of Sustained.
foundation, speculation,
lack of personal knowledge
22:8-24:7 Rule 401, Rule 403, lack of Sustained.
foundation, speculation,
lack of personal knowledge
30:2-31:9 Rule 401, Rule 403, lack of Sustained as to
foundation, speculation, 30:15-31:9.
lack of personal knowledge Overruled as to
30:3-30:14.
31:13-39:1 Rule 401, Rule 403, lack of Sustained as to
foundation, speculation, 31:13-38:2.
lack of personal knowledge Overruled as to
38:3-39:1.1
40:10-41:23 Rule 401, Rule 403 Sustained as to
(objection is to 40:17-41:23.
40:17-25,
41:1-23)
44:10-45:17 Rule 401, Rule 403 Sustained.
51:5-52:12 Rule 401, Rule 403, hearsay Overruled as to
51:5-7.
Sustained as to
51:8-52:12.
53:8-15 Rule 401, Rule 403, hearsay Sustained.
54:1-56:11 Rule 401, Rule 403, Sustained.
hearsay, speculation, lack of
foundation, lack of personal
knowledge
59:5-61:7 Rule 401, Rule 403, Sustained.
hearsay, speculation, lack of
foundation, lack of personal
knowledge
65:22-66:8 Rule 401, Rule 403, Sustained.
hearsay, speculation, lack of
foundation, lack of personal
knowledge
66:15-67:2 Rule 401, Rule 403, 67:9-73:5 Sustained.
hearsay, speculation, lack of
foundation, lack of personal
knowledge
Plaintiff's Objections:2
Deponent Page, Line Objection Counter-Designation RULING
Sherry 26:4-10 Rule 401, 403 Sustained.
McLaughlin Misleading the
jury; confusing
the issues (refers
to other Plaintiffs
not party to this
suit)
26:14-27:3 Rule 401, 403 27:4-28:24; 38:19-39:16 Sustained.
unfair prejudice
29:5-32:23 Rule 401, 403 32:24-33:16; 34:16-36:3 Sustained.
unfair prejudice
Karen Heavey 18:22-21:6 Rule 401, 403 15:18-18:16; 22:8-16 Overruled.
Morin3 unfair Counter-designation
prejudice, of 15:18-18:16 &
mislead 22:8-16 allowed.
the jury
19:2-19 Rule 401, 403 24:3-25:13 Overruled. Counter-designation
Unfair of 24:3-25:13
prejudice, is not allowed.
mislead
the jury
19:2-6 Rule 401, 403 22:17-23:14 Overruled.
Unfair prejudice, Counter-designation
mislead the jury of 22:17-23:14 is
not allowed.
27:3-9 Rule 401, 403 26:17-27:2; 27:10 Overruled Counter
Unfair prejudice, 27:17 designation of
misleading the 26:19-27:2 is
jury allowed, all other
counter-designation
is excluded
As explained herein, Defendants' Objections to Plaintiff's Amended Designation of Deposition Transcripts to be Used at Trial (ECF No. 56) and Plaintiff's Objection to Defendants' Designations of Deposition Transcripts to be Used at Trial (ECF No. 64) are both GRANTED IN PART AND DENIED IN PART.
In accordance with the directions previously provided in the July 25, 2019 Trial Management Order (ECF No. 68), counsel shall prepare the relevant deposition transcripts to be used at trial to reflect the above rulings.
SO ORDERED.
FootNotes
1. The Court was not provided copies of the multiple exhibits referenced in 31:13-38:3. Absent a determination that the exhibits referenced are admissible, the proposed testimony is clearly excludable and would confuse the jury.
2. The Court is not ruling on the objections to the deposition designation of Ryan Reardon in light of the representation that Ryan Reardon will be called as a witness at trial. See Def. Objection (ECF No. 56), PageID # 803 & n.2.
3. The Court notes that Defendant has also designated page 15, lines 11-17 without any objection from Plaintiff. However, the Court will not allow this particular designated question to the extent that it references claims brought by Huard and Caudill. See F.R.E. 403.
Source: Leagle
