Filed: Jul. 06, 2016
Latest Update: Jul. 06, 2016
Summary: OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on the parties' deposition designation objections [119], [122] as to the deposition testimony of Mark Gould. The Court notes first that much of the deposition testimony consists of attorney objections, arguments, commentary, comments, or discussion. The parties shall exclude all attorney objections, arguments, commentary, comments, and discussion from the testimony of Mr. Gould that is allowed to be
Summary: OPINION AND ORDER WILLIAM S. DUFFEY, Jr. , District Judge . This matter is before the Court on the parties' deposition designation objections [119], [122] as to the deposition testimony of Mark Gould. The Court notes first that much of the deposition testimony consists of attorney objections, arguments, commentary, comments, or discussion. The parties shall exclude all attorney objections, arguments, commentary, comments, and discussion from the testimony of Mr. Gould that is allowed to be ..
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OPINION AND ORDER
WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on the parties' deposition designation objections [119], [122] as to the deposition testimony of Mark Gould. The Court notes first that much of the deposition testimony consists of attorney objections, arguments, commentary, comments, or discussion. The parties shall exclude all attorney objections, arguments, commentary, comments, and discussion from the testimony of Mr. Gould that is allowed to be played or read at trial.1 That is, any questions to and answers by Mr. Gould may be offered at trial. Turning to the parties' specific objections,2 the Court rules as follows:
I. ALLSTATE'S OBJECTIONS
Deposition Ground for Objection Ruling
Pages and
Line
Numbers
65:2-17 P206: alacrity.com website Objections sustained. Not
Lack of personal knowledge [Rule relevant (Federal Rule of
602] Evidence ("Rule") 402).
Not properly authenticated [Rule Confusing (Rule 403). Not
901] authenticated (Rule 901).
Not relevant [Rule 401] Hearsay: statements in
Hearsay [Rule 802] learned treatises only
admissible if called to
attention of an expert (Rule
802; Rule 803(18)).
67:16-68:12 P206: alacrity.com website Objections sustained. Not
Lack of personal knowledge [Rule relevant (Rule 402).
602] Confusing (Rule 403). Not
Not properly authenticated [Rule authenticated (Rule 901).
901] Hearsay: statements in
Not relevant [Rule 802] learned treatises only
Hearsay [Rule 802] admissible if called to
attention of an expert (Rule
802; Rule 803(18)).
89:5-96:14 P202: Steamatic Guide-15 years Objections sustained.
old Misleading, confusing (Rule
Taken by Plaintiff's counsel 403). Argument of counsel
without permission is not relevant (Rule 402).
Not properly authenticated [Rule Not authenticated (Rule
901] 907).
Not relevant [Rule 802]
Hearsay [Rule 802]
100:22-101:13 P10A: summary spreadsheet and Objections sustained. Not
Allstate documents relevant that he agreed to
Lack of personal knowledge [Rule the description of the
602] document (Rule 402).
Not properly authenticated [Rule Compound question.
901] Relevance not established
Hearsay [Rule 802] (Rule 402). Argumentative
questioning (Rules 402,
403).
101:20-102:17 P10A: summary spreadsheet and Objections sustained. No
Allstate documents authentication or foundation
Lack of personal knowledge [Rule (Rule 901).
602]
Not properly authenticated [Rule
901]
Hearsay [Rule 802]
109:2-111:11 P10A: summary spreadsheet and Objections sustained. Not
Allstate documents relevant (Rule 402). No
Lack of personal knowledge [Rule authentication or foundation
602] (Rule 901).
Not properly authenticated [Rule
901]
Hearsay [Rule 802]
136:15-146:20 P197: IICRC S100-not proper Objections sustained.
standard Relevance not established
Lack of personal knowledge [Rule (Rule 402). Confusing,
602] misleading, waste of time
Not Relevant [Rule 401] (Rule 403). Hearsay:
Hearsay [Rule 802] statements in learned
Improper impeachment treatises only admissible if
called to attention of an
expert (Rule 802; Rule
803(18)).
167:4-170:5 P197: IICRC S100-not proper Objections sustained in part
standard and overruled in part.
Lack of personal knowledge [Rule Objections overruled as to
602] 169:13-24. Objections
Not Relevant [Rule 401] sustained as to remainder.
Hearsay [Rule 802] Not relevant (Rule 402).
Improper impeachment Confusing, misleading
(Rule 403). Hearsay:
statements in learned
treatises only admissible if
called to attention of an
expert (Rule 802; Rule
803(18)).
170:24-178:1 P197: IICRC S100-not proper Objections sustained in part
standard and overruled in part.
Lack of personal knowledge [Rule Objections overruled as to
602] 170:24-171:2; 172:2-11;
Not Relevant [Rule 401] 173:3-14; 175:16-176:14.
Hearsay [Rule 802] Objections sustained as to
Improper impeachment remainder. Not relevant
(Rule 402). Confusing,
misleading (Rule 403).
Hearsay: statements in
learned treatises only
admissible if called to
attention of an expert (Rule
802; Rule 803(18)).
180:16-182:22 P197: IICRC S100-not proper Objections sustained in part
standard and overruled in part.
Lack of personal knowledge [Rule Objections overruled as to
602] 180:16-181:11; 182:13-183:1.
Not Relevant [Rule 401] Objections sustained
Hearsay [Rule 802] as to remainder. Not
Improper impeachment relevant (Rule 402).
Misleading, confusing (Rule
403). Hearsay: statements
in learned treatises only
admissible if called to
attention of an expert (Rule
802; Rule 803(18)).
185:24-189:25 P187: Steamatic corporate website Objections sustained in part
Lack of personal knowledge [Rule and overruled in part.
602] Objections overruled as to
Not Relevant [Rule 401] 187:13-189:1. Objections
Hearsay [Rule 802] sustained as to remainder.
Not properly authenticated [Rule Not relevant (Rule 402).
901] Misleading, confusing (Rule
Improper impeachment 403). Hearsay (Rule 802)
190:1-193:9 P197: IICRC S100-not proper Objections sustained in part
standard and overruled in part.
Lack of personal knowledge [Rule Objections overruled as to
602] 192:3-193:9. Objections
Not Relevant [Rule 401] sustained as to remainder.
Hearsay [Rule 802] Not relevant (Rule 402).
Improper impeachment Misleading, confusing (Rule
403). Hearsay: statements
in learned treatises only
admissible if called to
attention of an expert (Rule
802; Rule 803(18)).
205:18-212:16 P191: photo taken in Gould' office Objections sustained. Not
without permission relevant (Rule 402).
Not properly authenticated [Rule Prejudicial, confusing,
901] misleading (Rule 403). Not
Not Relevant [Rule 401] authenticated (Rule 901).
212:7-215:24 Discussion regarding suspected Objections sustained. Not
trespass relevant (Rule 402).
Not relevant [Rule 401]
215:25-219:1 Previous depositions and lawsuits Objections sustained. Not
Not relevant [Rule 401] relevant (Rule 402). Not
authenticated (Rule 901).
219:2-221:6 P202: Steamatic Guide-15 years old Objections sustained.
Taken by Plaintiff's counsel Not relevant (Rule 402).
without permission Not properly Not authenticated (Rule
authenticated [Rule 901] 901).
Not relevant [Rule 802]
Hearsay [Rule 802]
229:14-238:17 P202: Steamatic Guide-15 years old Objections sustained in part
Taken by Plaintiff's counsel and overruled in part.
without permission Not properly Objections overruled as to
authenticated [Rule 901] 232:4-19; 237:7-238:5.
Not relevant [Rule 802] Objections sustained as to
Hearsay [Rule 802] remainder. Not relevant
(Rule 402).
Confusing, misleading
(Rule 403). Not
authenticated (Rule 901)
242:24-248:2 P190: website printout Objections sustained in part
Not properly authenticated [Rule and overruled in part.
901] Objections overruled as to
Not relevant [Rule 802] 243:6-244:19. Objections
Hearsay [Rule 802] sustained as to remainder.
Improper impeachment Not relevant (Rule 402).
Confusing, misleading
(Rule 403). Hearsay:
statements in learned
treatises only admissible if
called to attention of an
expert (Rule 802; Rule
803(18)).
248:3-252:10 P191: website printout Objections sustained. Not
Not properly authenticated [Rule relevant (Rule 402).
901] Confusing, misleading
Not relevant [Rule 802] (Rule 403). Hearsay:
Hearsay [Rule 802] statements in learned
treatises only admissible if
called to attention of an
expert (Rule 802; Rule
803(18)).
252:11-254:7 P192: website printout Objections sustained in part
Not properly authenticated [Rule and overruled in part.
901] Objections overruled as to
Not relevant [Rule 802] 253:8-254:7. Objections
Hearsay [Rule 802] sustained as to remainder.
Improper impeachment Not relevant (Rule 402).
Confusing, misleading
(Rule 403). Hearsay:
statements in learned
treatises only admissible if
called to attention of an
expert (Rule 802; Rule
803(18)).
254:7-277:22 P188, P189, P190, P191, P192, Objections sustained in part
P193: website printouts and overruled in part.
Not properly authenticated [Rule Objections overruled as to
901] 254:7-255:11; 261:7-9;
Not relevant [Rule 802] 261:14-21; 262:25-265:1;
Hearsay [Rule 802] 265:4-10; 265:22-267:4;
Improper impeachment 268:4-272:12; 272:22-273:3;
273:10-274:15;
274:23-275:10;
Objections sustained as to
remainder. Not relevant
(Rule 402).
Confusing, misleading
(Rule 403). Hearsay:
statements in learned
treatises only admissible if
called to attention of an
expert (Rule 802; Rule
803(18)).
277:19-280:22 Statement regarding suspected Objections sustained. Not
trespass relevant (402). Confusing
(403).
II. PLAINTIFF'S OBJECTIONS
Deposition Ground for Objection Ruling
Pages and
Line
Numbers
9:8-25 Personal knowledge (Rule 602) Objections overruled for
Hearsay (Rule 802) reasons stated in the Order
Lack of authentication (Rule 901) on Motions in Limine [121]
("Order")
10:1-13 Personal knowledge (Rule 602) Objections overruled for
Hearsay (Rule 802) reasons stated in the Order.
Lack of authentication (901)
10:14-11:1 Personal knowledge (Rule 602) Objections overruled for
Hearsay (Rule 802) reasons stated in the Order.
Lack of authentication (901)
11:2-12:18 Personal knowledge (Rule 602) Objections overruled for
Hearsay (Rule 802) reasons stated in the Order.
Lack of authentication (901)
13:17-14:8 Personal knowledge (Rule 602) Objections overruled for
Hearsay (Rule 802) reasons stated in the Order.
Lack of authentication (901)
14:15-15:14 Personal knowledge (Rule 602) Objections overruled for
Hearsay (Rule 802) reasons stated in the Order.
Lack of authentication (901)
15:17-16:24 Personal knowledge (Rule 602) Objections overruled.
Non-responsive Testimony is relevant (Rule
402).
17:6-21:1 Hearsay (Rule 802). Objections overruled for
reasons stated in the Order.
21:2-22:1 Personal knowledge (Rule 602) Objections overruled for
Hearsay (Rule 802) reasons stated in the Order.
Non-responsive
22:2-24:2 Failure to disclose pursuant to Rule Objections overruled. For
26 the reasons stated in the
Personal knowledge (Rule 602) Court's Orders [70], [75],
Hearsay (Rule 802) [86], the Court finds the
Lack of authentication (901) objected-to testimony is not
Not qualified as expert witness expert testimony requiring
(Rule 702) disclosure, and the
testimony is relevant.
24:3-26:3 Hearsay (Rule 802) Objection overruled for
reasons stated in the Order.
27:15-28:1 Hearsay (Rule 802) Objection overruled for
reasons stated in the Order.
29:17-20 Speculation Objection overruled. Mr.
Gould may testify to
ordinary payment practices
and requirements for
payments, and such
testimony is relevant.
30:2-4 Non-responsive Objection sustained.
30:14-15 Hearsay (Rule 802) Objection overruled.
31:6-32:10, Hearsay (Rule 802) Objection overruled for
14, 15-24 reasons stated in the Order.
32:7-9 Non-responsive Objection overruled.
32:25-37:11, Hearsay (Rule 802) Objection overruled for
15, 18-23 reasons stated in the Order.
34:4-35:13 Hearsay (Rule 802) Objection overruled for
reasons stated in the Order.
36:13-37:11 Not qualified as expert witness Objections overruled for
(Rule 702) reasons stated in the Order.
Hearsay (Rule 802) For the reasons stated in the
Court's Orders [70], [75],
[86], the Court finds the
objected-to testimony is not
expert testimony requiring
disclosure, and the
testimony is relevant.
37:22-38:11 Personal knowledge (Rule 602) Objections overruled for
reasons stated in the Order.
SO ORDERED.
