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
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 object..
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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 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