POOSHS v. ALTRIA GROUP, INC., C 04-01221-PJH-JCS. (2016)
Court: District Court, N.D. California
Number: infdco20160202843
Visitors: 12
Filed: Jan. 25, 2016
Latest Update: Jan. 25, 2016
Summary: [PROPOSED] ORDER REGARDING PHILIP MORRIS USA INC.'S OBJECTIONS TO DIRECT-EXAM EXHIBITS — DR. CUMMINGS PHYLLIS J. HAMILTON , District Judge . Defendant Phillip Morris USA Inc. has objected to certain exhibits set forth below that Plaintiff has indicated will be used during the direct examination of K. Michael Cummings. Upon consideration of all the papers filed and the parties' argument, the Court rules as follows: Plaintiff's Exh No. Objections
Summary: [PROPOSED] ORDER REGARDING PHILIP MORRIS USA INC.'S OBJECTIONS TO DIRECT-EXAM EXHIBITS — DR. CUMMINGS PHYLLIS J. HAMILTON , District Judge . Defendant Phillip Morris USA Inc. has objected to certain exhibits set forth below that Plaintiff has indicated will be used during the direct examination of K. Michael Cummings. Upon consideration of all the papers filed and the parties' argument, the Court rules as follows: Plaintiff's Exh No. Objections ..
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[PROPOSED] ORDER REGARDING PHILIP MORRIS USA INC.'S OBJECTIONS TO DIRECT-EXAM EXHIBITS — DR. CUMMINGS
PHYLLIS J. HAMILTON, District Judge.
Defendant Phillip Morris USA Inc. has objected to certain exhibits set forth below that Plaintiff has indicated will be used during the direct examination of K. Michael Cummings.
Upon consideration of all the papers filed and the parties' argument, the Court rules as follows:
Plaintiff's
Exh No. Objections Court's Ruling
Violates Pretrial Order #6 (design);
26 Irrelevant; 403 Overruled
Irrelevant; 403 (as to portions regarding a
66 report on smaller babies); Subject to redaction
and rule of completeness regarding excised
portions, no further objections Overruled
Object to portions that: Violate Pretrial
Order #6 (design); Violate Pretrial Order deferred until
#22 (aggregate harm) (see 1:15-1:58, 2:05-2:16, count less
70A 2:16-2:53), Subject to redaction, no video
further objections
80 Cumulative Overruled
82 Cumulative Overruled
105 Cumulative Overruled
Violates Pretrial Ruling #22 (aggregate
111 harm); Irrelevant; 403; Hearsay Sustained
Violates Pretrial Ruling #22 (aggregate
135 harm); Irrelevant; 403; Hearsay Sustained
Subject to redactions agreed on by parties, no
137 further objections Sustained
Previously excluded by Court as design
172 evidence (Jan. 21, 2016 Tr. at 593-94);
Violates Pretrial Order #6 (design) Sustained
180 Irrelevant; 403 Overruled
208 Violates Pretrial Order #6 (design) deferred until
court sees video
218 Violates Pretrial Order #6 (design); Hearsay;
Outside scope of expertise Sustained
228 Violates Pretrial Order #6 (design);
Irrelevant; Unfair prejudice Sustained
Previously excluded by Court (Jan. 22, 2016
1631 Tr., 623-24); Violates Pretrial Ruling #22
(aggregate harm); Irrelevant; 403; Hearsay Sustained
1765 Irrelevant; 403; Hearsay Sustained
Objection and request to redact last sentence
on page 5 ("a) What is the lower delivery level
beyond which the smoking act is not
2023 reinforced?" as Violate Pretrial Order #6
(design); Irrelevant; 403. Subject to redaction,
no further objections.
approved
(Parties have agreed to all other redactions.)
2317 Subject to redactions agreed on by parties, no
further objections. approved
2393 Cumulative Overruled
3429 Violates Pretrial Order #6 (design); Outside
scope of expertise; Hearsay Sustained
Outside scope of expertise; Irrelevant; 403; If
objections overruled, request redaction of
3535 portions relating to "race" on PT03405-0016-19
and Charts 9 and 10 on PT03405-0043-44
as Irrelevant; 403 approved
Cumulative; Subject to Court's ruling on
portions to be admitted (PM requests Court Overruled
3799 admit page labeled PM03681-0010 for with PM
completeness); portions Violate Pretrial addition
Order #6 (design); Violate Pretrial Order
#84 (non-lung cancer conditions)
IT IS SO ORDERED.
Source: Leagle
