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ABS Global, Inc. v. Inguran, LLC, 14-cv-503-wmc. (2016)

Court: District Court, E.D. Wisconsin Number: infdco20160805595 Visitors: 13
Filed: Aug. 02, 2016
Latest Update: Aug. 02, 2016
Summary: ORDER WILLIAM M. CONLEY , District Judge . Having reviewed ABS's corrected amended proponent deposition designations (dkt. #631), as well as the parties' additional briefing with respect to Cynthia Ludwig and James Wood, the court makes the following rulings as to witnesses Ben Verwer, Kenneth Michael Evans, Ryan Christensen, James Wood and Cynthia Ludwig. The approved designations may be presented to the jury unless the witness is available to testify in person. ABS shall remove all objec
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ORDER

Having reviewed ABS's corrected amended proponent deposition designations (dkt. #631), as well as the parties' additional briefing with respect to Cynthia Ludwig and James Wood, the court makes the following rulings as to witnesses Ben Verwer, Kenneth Michael Evans, Ryan Christensen, James Wood and Cynthia Ludwig. The approved designations may be presented to the jury unless the witness is available to testify in person. ABS shall remove all objections and any other asides or discussions between counsel and/or with the court reporter, even where not noted by the court in its rulings. This completes all designations of witnesses ABS indicated it would use at trial.

Deposition of Ben Verwer (May 9, 2016) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 5, line 10 to page 5, line 13 Page 5, line 17 to page 5, line 25 Page 6, line 2 to page 6, line 19 Page 6, line 23 to page 6, line 25 Page 7, line 2 to page 7, line 3 Page 7, line 14 to page 7, line 21 Page 8, line 11 to page 8, line 25 Page 9, line 2 to page 9, line 9 Page 9, line 23 to page 9, line 25 Page 10, line 2 to page 10, line 25 Page 11, line 2 to page 11, line 12 Page 12, line 9 to page 12, line 25 Page 13, line 2 to page 13, line 4 Page 13, line 21 to page 13, line 25 Page 14, line 2 to page 14, line 16 Page 15, line 10 to page 15, line 15 Deposition of Ben Verwer (May 9, 2016) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 16, line 3 to page 16, line 6 Page 19, line 2 to page 19, line 14 Page 19, line 22 to page 19, line 25 Page 20, line 2 to page 20, line 4 Page 20, line 8 to page 20, line 25 Page 21, line 11 to page 21, line 21:23-25 16 Page 22, line 2 to page 22, line 25 Page 23, line 2 to page 23, line 15 Page 25, line 4 to page 25, line 25 Page 26, line 2 to page 26, line 4 Page 26, line 8 to page 26, line 25 Page 27, line 2 to page 27, line 14 Page 31, line 23 to page 31, line 25 Page 33, line 9 to page 33, line 17 Page 33, line 22 to page 33, line Deposition of Ben Verwer (May 9, 2016) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 34, line 2 to page 34, line 6 Page 34, line 13 to page 34, line FRE 801 Overruled 15 Page 34, line 24 to page 34, line 25 Page 35, line 2 Page 35, line 23 to page 35, line 25 Page 36, line 5 to page 36, line 14 Page 36, line 22 to page 36, line 25 Page 37, line 2 to page 37, line FRE 801 Overruled 10 Page 38, line 14 to page 38, line FRE 801 Overruled 25 Page 39, line 2 to page 39, line FRE 801 Sustained as to 23 39:11-23; otherwise overruled Page 40, line 15 to page 40, line FRE 602 Sustained 25 Page 41, line 2 Because the court sustains the objection to the question at 40:25, 41:2 is also excluded. Deposition of Ben Verwer (May 9, 2016) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 41, line 6 to page 41, line FRE 801; FRE Sustained 25 602 Page 42, line 2 to page 42, line FRE 602 Sustained 16 Page 42, line 20 to page 42, line 25 Page 43, line 2 to page 43, line FRE 801; FRE Overruled 25 602 Page 44, line 2 to page 44, line FRE 801 44:21-45:5 Overruled 20 Page 52, line 10 to page 52, line 25 Page 53, line 2 to page 53, line 5 Page 53, line 9 to page 53, line 19 Page 119, line 2 to page 119, line 14 59:5-10 Counter-designations 59:23-60:16 will be included. 61:5-64:11 65:14-66:6 66:9-66:23 66:25-68:14 68:21-69:23 74:18-75:6 76:3-77:8 86:25-88:6 88:19-89:3 Deposition of Ben Verwer (May 9, 2016) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation 91:21-92:15 97:20-98:19 99:23-100:5 100:11-101:3 101:5-6 101:18-21 102:9-21 102:23-103:8 103:11-18 110:7-111:16 117:11-14 117:16-18 118:19-22 125:22-127:20 131:6-12 132:10-133:5 133:21-22 Deposition of Kenneth Michael Evans (August 19, 2015) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 7, line 6 to page 7, line 11 Page 7, line 18 to page 7, line 20 Page 96, line 16 to page 96, line 25 Page 97, line 2 to page 97, line 25 Page 98, line 2 to page 98, line 20 99:24-100:14 112:18-113:5 The counter-designated Sustained objection of counsel at 112:21 is not evidence and should not be played for the jury. 113:17-114:8 30(b)(6) Deposition of Inguran, LLC and XY, LLC by Kenneth Michael Evans (August 19, 2015) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 20, line 18 to page 20, line FRE 701/704; asks Overruled 22 for legal conclusion; improper attorney testimony; FRE 106; attorney narrative Page 21, line 4 to page 21, line FRE 701/704; asks Overruled 12 for legal conclusion; improper attorney testimony; FRE 106; attorney narrative Page 21, line 14 to page 21, line 25 Page 22, line 2 to page 22, line 6 Compound Sustained as to 22:4-6; otherwise overruled Page 22, line 8 to page 22, line Because the 13 court sustains the objection to the question at 22:4-6, 22:8 is also excluded. Page 25, line 25 Page 26, line 2 to page 26, line 3 Page 26, line 6 to page 26, line 30(b)(6) Deposition of Inguran, LLC and XY, LLC by Kenneth Michael Evans (August 19, 2015) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 26, line 12 to page 26, line 26:17-19 In fairness, under 26:23-25 Overruled; the 16 FRE 106, the jury counter-counter should hear designation 26:23-25 as well will not be as the counter-designated included, but 27:2 will be testimony. included Page 27, line 18 to page 27, line Lacks foundation; Overruled 25 lacks predicate to the question; ambiguous; FRE 106 Page 28, line 2 to page 28, line 8 Page 28, line 10 to page 28, line 28:13-17 12 28:19-20 30 (b)(6) Deposition of Inguran, LLC and XY, LLC by Ryan Christensen (August 27, 2015) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 7, line 21 to page 7, line 25 Page 8, line 2 to page 8, line 8 Page 10, line 5 to page 10, line 18 Page 14, line 21 to page 14, line 25 Page 15, line 2 Page 16, line 7 to page 16, line 19 Page 16, line 24 to page 16, line 25 Page 150, line 12 to page 150, 701/704; calls for 150:17-151:11 Overruled; the line 16 legal conclusion counter-designation will be included Deposition of James C.S. Wood (June 3, 2015) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 5, line 14 to page 5, line 25 Because the court Page 6, line 1 to page 6, line 6 sustains the Page 206, line 14 to page 206, objections to the line 25 designations, all Page 207, line 1 to page 207, line FRE 701 designations and 13 counter-designations Page 214, line 16 to page 214, FRE 701 are excluded line 21 Page 214, line 23 FRE 701 Page 215, line 2 to page 215, line FRE 701 25 Page 216, line 1 to page 216, line 2 Page 216, line 12 to page 216, FRE 701 line 24 Page 220, line 20 to page 220, FRE 701 line 24 216:25-217:20 235:12-16 246:19-247:13 247:16-248:24 249:4-10 Deposition of Cynthia L. Ludwig (March 9, 2016) ABS/Genus Initial Designation ST/XY ST/XY ABS/ST ABS/Genus Counter-Counter Ruling Objection Objection Designation Page 6, line 11 to page 6, line 16 Because the Page 9, line 23 to page 9, line 25 court sustains Page 10, line 2 to page 10, line 5 the objections Page 10, line 24 to page 10, line to the 25 designations Page 11, line 2 to page 11, line 3 based on lack Page 12, line 9 to page 12, line of foundation, 11 all Page 14, line 9 to page 14, line designations 21 are excluded Page 97, line 7 to page 97, line FRE 24 402/403/701/801 Page 98, line 10 to page 98, line FRE 25 402/403/701/801 Page 99, line 2 to page 99, line FRE 18 402/403/701/801
Source:  Leagle

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