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Meyer v. Currie Tech Corp.

United States District Court, D. Nebraska

March 6, 2019

MARCIE MEYER and MICHAEL MEYER, Plaintiffs,
v.
CURRIE TECH CORP. and ACCELL NORTH AMERICA, INC., Defendants.

          ORDER

          ROBERT F. ROSSITER, JR. UNITED STATES DISTRICT JUDGE

         This matter is before the Court on Defendants' Objections to Deposition Designations from Plaintiffs.

         The parties have highlighted and filed the specific provisions of the depositions to be offered at trial in lieu of live testimony. Defendants have identified by page and line numbers those portions of the designated testimony to which they object.

         The Court has reviewed all of the designated testimony and rules as follows:

Page: Line Number

Objection

Rulings

38: 24-25

Rule 403, form, foundation, argumentative, improper testimony by counsel: move to strike

Overruled

39: 1-16

Rule 403, Form, foundation, argumentative, improper testimony by counsel: move to strike

Overruled

45: 17-23

Rules 402 and 403, not a question, move to strike

Overruled

47: 20-25

Rules 402 and 403

Overruled

48: 1-10

Rules 402 and 403

Overruled

48: 17-20

Rule 403, form, improper testimony by counsel: move to strike

Overruled

64: 25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

65: 1-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

66: 1-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

1-19 Sustained 20-25 Overruled

67: 1-16

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Overruled

71: 18-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

72: 1-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

73: 1-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

74: 1-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

75: 1-23

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

76: 9-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

77: 1-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

78: 1-25

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

79: 1-16

Filing No. 137 prior court ruling CFR 1512: Rules 402 and 403

Sustained

105: 10-20

Rules 402 and 403, not a question, move to strike

Overruled

129: 9-17

Rule 403, speculation

Overruled

131: 14-18

Attorney cross talk: move to strike

Sustained

134: 2

Attorney cross talk: move to strike

Sustained

135: 25

Attorney cross talk: move to strike

Sustained

136: 1-2

Attorney cross talk: move to strike

Sustained

         The parties are reminded that any video depositions to be used at trial should be edited so that any objectionable testimony is removed.

         In addition, the Court notes that witness Mitch Robb's (“Robb”) three depositions are designated to be utilized as trial testimony. If Robb is available as a witness at trial, the Court is not inclined to allow counsel to use video-deposition ...


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