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GENERAL STEEL DOMESTIC SALES, LLC v. CHUMLEY, 10-cv-01398-PAB-KLM. (2012)

Court: District Court, D. Colorado Number: infdco20120712891 Visitors: 1
Filed: Jul. 11, 2012
Latest Update: Jul. 11, 2012
Summary: ORDER REGARDING THE PARTIES' OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY OF DAVID NARDOZZI PHILIP A. BRIMMER, District Judge. This matter comes before the Court on Defendants' Objections to Designated Deposition Testimony of David Nardozzi [Docket No. 221] and Plaintiff's Objections to Defendants' Counter Designations to Deposition Testimony of David Nardozzi [Docket No. 256]. The Court rules as follows on defendants' objections [Docket No. 221]: Item # Testimony Object
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ORDER REGARDING THE PARTIES' OBJECTIONS TO DESIGNATIONS OF DEPOSITION TESTIMONY OF DAVID NARDOZZI

PHILIP A. BRIMMER, District Judge.

This matter comes before the Court on Defendants' Objections to Designated Deposition Testimony of David Nardozzi [Docket No. 221] and Plaintiff's Objections to Defendants' Counter Designations to Deposition Testimony of David Nardozzi [Docket No. 256].

The Court rules as follows on defendants' objections [Docket No. 221]:

Item # Testimony Objection Ruling 1 7:7-10 Leading Overruled 2 7:11-14 Compound; vague Overruled 3 7:15-18 No question posed Overruled 4 10:1-7 Assumes facts not in Overruled evidence; lack of foundation 5 10:12-13 Assumes facts not in Overruled evidence; lack of foundation 6 11:13-19 No questions posed Overruled 7 13:7-14:10 Compound; answer is Sustained, unresponsive and not responsive irrelevant pursuant to Court's ruling of July 3, 2012 8 14:11-13,21- Compound; vague; Irrelevant pursuant to Court's 25;15:1-3 leading; answer is not ruling of July 3, 2012 responsive 9 15:11-13 Leading; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony 10 15:15-16:14 Leading; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony 11 16:15-18 Leading; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony 12 17:10-25 Leading; lack of Irrelevant pursuant to Court's foundation; vague; calls ruling of July 3, 2012 for hearsay 13 23:10-24:5 Vague; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 14 24:6-11 Leading; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 15 24:12-13 Leading Irrelevant pursuant to Court's ruling of July 3, 2012 16 24:14-25:3 Answer is not Irrelevant pursuant to Court's responsive ruling of July 3, 2012 17 25:4-9 Leading; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony; calls for hearsay 18 25:16-26:3 Vague; leading; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony 19 27:17-19 Leading; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 20 29:8-14 Leading Overruled 21 29:21-30:18 Leading; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 22 33:9-10 Leading Overruled 23 33:14-16 Leading Overruled 24 34:20-222 Mischaracterizes the Overruled testimony 25 35:22-36:2 Leading; Overruled mischaracterizes the testimony; vague 26 36:3-7 Leading Overruled 27 37:14-17 Leading; vague; calls for Irrelevant pursuant to Court's hearsay; lack of ruling of July 3, 2012 foundation 28 37:18-38:2 Vague; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 29 38:3-5 Lack of foundation Irrelevant pursuant to Court's ruling of July 3, 2012 30 38:6-8 Leading; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony 31 38:11-13 Lack of foundation; calls Irrelevant pursuant to Court's for hearsay ruling of July 3, 2012 32 38:17-21 Leading; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 33 38:22-39:7 Leading; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 34 40:25-41:17 Leading; compound Overruled 35 42:1-43:15 Answer not responsive Overruled 36 44:9-17 Leading Overruled 37 49:6-51:19 Vague; answer is not Irrelevant pursuant to Court's responsive ruling of July 3, 2012 38 51:25-52:1 Mischaracterizes the Irrelevant pursuant to Court's testimony ruling of July 3, 2012 39 52:6-24 Answer is not Irrelevant pursuant to Court's responsive ruling of July 3, 2012 40 53:1-16 Answer is not Sustained responsive 41 53:17-25 Lack of foundation Overruled 42 54:10-12 Lack of foundation Overruled 43 54:16-56:4 Leading; vague Irrelevant pursuant to Court's ruling of July 3, 2012 44 56:5-7 Lack of foundation Irrelevant pursuant to Court's ruling of July 3, 2012 45 57:13, 22-25; Leading; answer is not Irrelevant pursuant to Court's 58:1-59:8 responsive ruling of July 3, 2012 46 60:5-61:9, 17-24 Answer is not Irrelevant pursuant to Court's responsive ruling of July 3, 2012 47 64:13-66:9 Lack of foundation; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony; answer is not responsive 48 66:10-67:6 Leading; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 49 67:15-69:18 Leading; Irrelevant pursuant to Court's mischaracterizes the ruling of July 3, 2012 testimony; answer is not responsive 50 69:19-20 Lack of foundation Irrelevant pursuant to Court's ruling of July 3, 2012 51 69:21-24 Leading; calls for Overruled hearsay 52 69:25-71:9 Leading, calls for Overruled hearsay 53 71:18-25 No question posed; Sustained answer is not responsive 54 72:23-73:1 Leading; Sustained as leading mischaracterizes the testimony 55 73:7-74:4 Lack of foundation Irrelevant pursuant to Court's ruling of July 3, 2012 56 76:23-77:1 Lack of foundation Irrelevant pursuant to Court's ruling of July 3, 2012 57 77:2-77:7 Lack of foundation Irrelevant pursuant to Court's ruling of July 3, 2012 58 77:12-77:17 Leading Irrelevant pursuant to Court's ruling of July 3, 2012 59 78:8-17 Lack of foundation Irrelevant pursuant to Court's ruling of July 3, 2012 60 78:18-20;79:13- Leading; answer is not Irrelevant pursuant to Court's 80:25 responsive ruling of July 3, 2012 61 84:21-85:2 No questions posed Sustained 62 85:14-16 Leading Overruled 63 86:20-88:12 Lack of foundation; Overruled as to 86:20-87:4; answer is not Sustained as nonresponsive responsive as to 87:5-88:12 64 88:13-22 Compound; leading; Overruled lack of foundation 65 93:22-23-95:14 Lack of foundation; calls Overruled for hearsay 66 96:12-20 Answer is not Overruled responsive 67 97:22-98:10 Lack of foundation Overruled 68 101:12-17 Leading; Overruled mischaracterizes the testimony 69 102:25-104:4 Leading; calls for Irrelevant pursuant to Court's hearsay ruling of July 3, 2012 70 121:23-122:7 Leading; lack of Irrelevant pursuant to Court's foundation ruling of July 3, 2012 71 128:1-3 Vague Overruled 72 128:14-21 Lack of foundation Overruled 73 129:22-130:11 Leading; lack of Overruled foundation; answer is not responsive

The Court rules as follows on plaintiff's objections [Docket No. 256]:

Item # Testimony Objection Ruling 1 15:17 Argument by counsel Overruled since this is a trial to court 2 29:25 Argument of counsel Overruled since this is a trial to court 3 35:24 Argument of counsel Overruled since this is a trial to court 4 38:23 Argument of counsel Overruled since this is a trial to court 5 54:13 Argument of counsel Overruled since this is a trial to court 6 54:18 Argument of counsel Overruled since this is a trial to court 7 66:12 Argument of counsel Overruled since this is a trial to court 8 73:2 Argument of counsel Overruled since this is a trial to court 9 85:17 Argument of counsel Overruled since this is a trial to court 10 143:1-16 FRCP 106 Overruled 11 148:5-12 Relevance Overruled 12 148:23-149:2 Relevance Overruled 13 160:9-10 Argumentative Overruled 14 174:14-175:1 Vague, foundation Overruled 15 210:10-212:9 Relevance Overruled 16 226:13-231:8 Relevance Overruled 17 233:14-234:14 Incomplete, 234:13-14 Irrelevant pursuant to Court's should not be read ruling of July 3, 2012 18 237:21-24 Beyond the scope of Irrelevant pursuant to Court's designation, relevance ruling of July 3, 2012 19 238:4-241:21 Beyond the scope of Irrelevant pursuant to Court's designation, relevance ruling of July 3, 2012 20 246:17-247:20 Foundation and Irrelevant pursuant to Court's relevance ruling of July 3, 2012 21 254:2-255:19 Hearsay, foundation Irrelevant pursuant to Court's ruling of July 3, 2012 22 259:1-21 Relevance, foundation Irrelevant pursuant to Court's ruling of July 3, 2012
Source:  Leagle

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