Aiken Hospitality Group, LLC v. HD Supply Facilities Maintenance, Ltd., 1:16-cv-03093-JMC. (2019)
Court: District Court, D. South Carolina
Number: infdco20190201f18
Visitors: 39
Filed: Feb. 01, 2019
Latest Update: Feb. 01, 2019
Summary: ORDER J. MICHELLE CHILDS , District Judge . This matter is before the court to address Plaintiff's Objections to Defendant's Exhibits. (ECF No. 202-1 at 2-9.) "As a general matter, . . . the Federal Rules of Evidence, and not state law, govern the admissibility of evidence in diversity actions in the Federal courts." Brown v. Ford Motor Co., 10 F. App'x 39, 47 (4th Cir. 2001) (citing Scott v. Sears, Roebuck & Co., 789 F.2d 1052 , 1054 (4th Cir. 1986)). Under Rule 402 of the Federal Rul
Summary: ORDER J. MICHELLE CHILDS , District Judge . This matter is before the court to address Plaintiff's Objections to Defendant's Exhibits. (ECF No. 202-1 at 2-9.) "As a general matter, . . . the Federal Rules of Evidence, and not state law, govern the admissibility of evidence in diversity actions in the Federal courts." Brown v. Ford Motor Co., 10 F. App'x 39, 47 (4th Cir. 2001) (citing Scott v. Sears, Roebuck & Co., 789 F.2d 1052 , 1054 (4th Cir. 1986)). Under Rule 402 of the Federal Rule..
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ORDER
J. MICHELLE CHILDS, District Judge.
This matter is before the court to address Plaintiff's Objections to Defendant's Exhibits. (ECF No. 202-1 at 2-9.) "As a general matter, . . . the Federal Rules of Evidence, and not state law, govern the admissibility of evidence in diversity actions in the Federal courts." Brown v. Ford Motor Co., 10 F. App'x 39, 47 (4th Cir. 2001) (citing Scott v. Sears, Roebuck & Co., 789 F.2d 1052, 1054 (4th Cir. 1986)). Under Rule 402 of the Federal Rules of Evidence, relevant evidence is generally admissible at trial. "Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action." Fed. R. Evid. 401. In consideration of the foregoing, the court makes the following preliminary rulings on Plaintiff's specific objections to Defendant's Exhibits:
Exhibit Designated Plaintiff's Objection The Court's Ruling
by Defendant
3 Irrelevant, Lacks Foundation Held in Abeyance
4 Irrelevant, Lacks Foundation Held in Abeyance
5 Lacks Foundation, Hearsay, No Probative Held in Abeyance
Value
7 Lacks Foundation, Hearsay, No Probative Overruled
Value
10 Irrelevant Held in Abeyance
13 Hearsay Overruled (same as 7)
14 Irrelevant Overruled
15 Irrelevant Overruled
17 Irrelevant Overruled
18 Irrelevant Overruled
19 Irrelevant Overruled
20 Irrelevant Sustained
21 Irrelevant Held in Abeyance
25 Irrelevant, Lacks Foundation, Lacks Sustained
Authentication
27 Irrelevant Sustained
31 Irrelevant, Lacks Authentication Sustained
32 Irrelevant Sustained
33 Irrelevant Sustained
35 Hearsay Held in Abeyance
36 Irrelevant, Lacks Authentication Sustained
37 Irrelevant Sustained
38 Irrelevant Sustained
39 Irrelevant Sustained
40 Irrelevant Sustained
44 Hearsay Held in Abeyance
46 Hearsay Held in Abeyance
47 Hearsay, Lacks Authentication Held in Abeyance
49 Hearsay, Lacks Authentication Held in Abeyance
50 Irrelevant Overruled
53 Irrelevant Sustained
62 Irrelevant Held in Abeyance
63 Irrelevant Held in Abeyance
66 Hearsay, Lacks Authentication, Lacks Held in Abeyance
Foundation
67 Hearsay, Lacks Authentication, Lacks Held in Abeyance
Foundation
70 Irrelevant Overruled
71 Irrelevant Held in Abeyance
72 Irrelevant Held in Abeyance
73 Irrelevant Overruled
74 Irrelevant Overruled
75 Lacks Authentication, Hearsay, Lacks Withdrawn
Foundation
77 Lacks Authentication, Hearsay, Lacks Held in Abeyance
Foundation
78 Irrelevant Overruled
86 Hearsay, Prejudicial Held in Abeyance
92 Irrelevant Held in Abeyance
93 Hearsay, Lacks Foundation, Lacks Held in Abeyance
Authentication
(ECF No. 202-1 at 2-9.)
In order to streamline the presentation of evidence and avoid waste of time, the court expects that Defendant will queue up their Exhibits in accordance with this Order and all other applicable orders. The parties will be allowed to present further arguments regarding Exhibits during trial.
IT IS SO ORDERED.
Source: Leagle
