CENTRIX FINANCIAL, LLC v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, 09-cv-1542-PAB-CBS. (2015)
Court: District Court, D. Colorado
Number: infdco20150608d34
Visitors: 6
Filed: Jun. 05, 2015
Latest Update: Jun. 05, 2015
Summary: ORDER REGARDING DEFENDANTS' OBJECTIONS TO PLAINTIFFS' COUNTER DEPOSITION DESIGNATIONS FOR TRIAL AS TO ROBERT SUTTON PHILIP A. BRIMMER , District Judge . This matter comes before the Court on Defendants' Objections to Plaintiffs' Counter Deposition Designations for Trial [Docket No. 161]. The Court has reviewed the objections and rules as follows as to the deposition of Robert Sutton: DEPOSITION OF ROBERT SUTTON — 5-15-2014 Item # Testimony Objection
Summary: ORDER REGARDING DEFENDANTS' OBJECTIONS TO PLAINTIFFS' COUNTER DEPOSITION DESIGNATIONS FOR TRIAL AS TO ROBERT SUTTON PHILIP A. BRIMMER , District Judge . This matter comes before the Court on Defendants' Objections to Plaintiffs' Counter Deposition Designations for Trial [Docket No. 161]. The Court has reviewed the objections and rules as follows as to the deposition of Robert Sutton: DEPOSITION OF ROBERT SUTTON — 5-15-2014 Item # Testimony Objection ..
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ORDER REGARDING DEFENDANTS' OBJECTIONS TO PLAINTIFFS' COUNTER DEPOSITION DESIGNATIONS FOR TRIAL AS TO ROBERT SUTTON
PHILIP A. BRIMMER, District Judge.
This matter comes before the Court on Defendants' Objections to Plaintiffs' Counter Deposition Designations for Trial [Docket No. 161]. The Court has reviewed the objections and rules as follows as to the deposition of Robert Sutton:
DEPOSITION OF ROBERT SUTTON — 5-15-2014
Item # Testimony Objection Ruling
74:18-22 Rule 611: Completeness (requires Sustained
addition of 74:23-25)
96:17-20 Rule 611: Completeness (requires Overruled
addition of 96:21-25)
98:14-17 Rule 611: Completeness (requires Overruled
addition of 98:18-21)
105:19 to 106:5 Rule 611 (Completeness requires Overruled
addition of 106:6-9)
111:10 to 112:7 Rule 611: Completeness (requires Overruled
addition of 112:8-20)
114:7-13 Rule 602: Lacks Personal Knowledge) Sustained -
nonresponsive
142:21 to 143:6 Rule 802: Hearsay (testimony based on Sustained
hearsay statements)
147:1-20 Rule 611: Completeness (requires Overruled
addition of 146:4-25)
162:20 to Rule 602: Lacks Personal Knowledge; Rule Sustained -
166:16 403: Prejudice (irrelevant as testimony foundation
concerns litigation involving two non-
Centrix entities); Rule 403: Prejudice (any
marginal probative value of whether
litigation and settlement between two non-
Centrix entities substantially outweighed by
danger of unfair prejudice)
175:23 to 177:3 Rule 802: Hearsay (testimony based on Sustained
hearsay statements)
180:24 to 182:5 Rule 802: Hearsay (testimony based on Sustained
hearsay statements); Rule 602: Lacks
Personal Knowledge
202:17 to 203:8 Rule 602: Lacks Personal Knowledge (only Sustained
related statements made to him by others);
Rule 802: Hearsay (testimony based on
hearsay statements)
222:4-18 Rule 802: Hearsay (testimony based on Overruled
hearsay statements)
224:1-9 Rule 701: Improper Lay Witness Opinion Overruled
(calls for an interpretation of a term
"financial benefit" that is defined under the
bond)
DEPOSITION OF ROBERT SUTTON — 5-15-2014
Item # Testimony Objection Ruling
231:11-14 Rule 602: Speculation Sustained
235:21 to Rule 611: Vague (mischaracterizes Overruled
236:12 prior testimony)
248:20 to Rule 602: Speculation Sustained
249:18
DEPOSITION OF ROBERT SUTTON — 5-16-2014
Item # Testimony Objection Ruling
265:19 to 266:1 Rule 602: Lacks Personal Knowledge (only Sustained
relating statements made to him by
others); Rule 802: Hearsay (testimony
based on hearsay statements)
281:5 to 284:5 Rule 802: Hearsay (testimony based on 281:5-283:20 -
hearsay statements) Overruled;
283:21-284:5 -
Sustained
285:9-17 Rule 802: Hearsay (testimony based on Overruled
hearsay statements)
286:8-17 Rule 611: Vague (mischaracterizes Overruled
the document)
287:15-18 Rule 802: Hearsay (testimony based on Sustained
hearsay statements)
288:1-7 Rule 802: Hearsay (testimony based on Sustained
hearsay statements)
302:2-23 Rule 611: Vague Overruled
303:5-13 Rule 802: Hearsay (testimony based on Overruled
hearsay statements)
311:12-16 Rule 701: Improper Lay Opinion Overruled
(testimony in respect to a defined term
under the bond, "personal/financial
benefit)
311:17 to 312:1 Rule 611: Vague Overruled
312:22 to 313:1 Rule 701: Improper Lay Opinion Overruled
(testimony in respect to a defined term
under the bond, "personal/financial
benefit)
314:13-16 Rule 701: Improper Lay Opinion Overruled
(testimony in respect to a defined term
under the bond, "personal/financial
benefit)
317:21-23 Rule 701: Improper Lay Opinion Overruled
(testimony in respect to a defined term
under the bond, "personal/financial
benefit)
328:21 to Rule 602: Lacks Personal Sustained
329:20 Knowledge, Speculation
338:13 to Rule 602: Lacks Personal Knowledge; Sustained
339:22 Rule 802: Hearsay (testimony based
on hearsay statements)
DEPOSITION OF ROBERT SUTTON — 5-16-2014
Item # Testimony Objection Ruling
370:7-15 Rule 602: Lacks Personal Overruled
Knowledge, Speculation
370:19 to 371:4 Rule 602: Speculation Overruled
371:6 to 372:5 Rule 611: Vague Overruled
372:6-11 Rule 602: Speculation Overruled
374:16 to Rule 602: Foundation; Rule 802: Sustained
375:19 Hearsay (testimony based on
hearsay statements)
382:21 to 383:9 Rule 602: Lacks Personal Sustained
Knowledge, Speculation
384:8-21 Rule 602: Lacks personal Sustained
knowledge, Speculation
387:22 to Rule 402: Relevance; Rule 403: Prejudice Sustained -
395:12 (any marginal probative value is relevance
substantially outweighed by danger of
unfair prejudice); Rule 404(a)(1): Improper
Character Evidence
408:20 to 409:6 Rule 802: Hearsay (testimony Sustained
based on hearsay)
410:1 to 411:7 Rule 602: Lacks Personal Sustained
Knowledge, Speculation
441:5 to 442:14 Rule 802: Lacks Personal Knowledge, Sustained
Speculation; Rule 611: Vague
(mischaracterizes prior testimony)
Source: Leagle
