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ABS Global, Inc. v. Inguran, LLC

United States District Court, W.D. Wisconsin

August 4, 2016

ABS GLOBAL, INC., Plaintiff/Counterclaim Defendant,
v.
INGURAN, LLC, Defendant/Counterclaimant/Third-Party Plaintiff, and XY, LLC, Intervening Defendant/Counterclaimant/Third-Party Plaintiff,
v.
GENUS PLC, Third-Party Defendant. Deponent Designations Objections Counter-Designations Objections Counter-Counter Designations Rulings

          ORDER

          WILLIAM M. CONLEY DISTRICT JUDGE

         Having reviewed ST’s amended proponent deposition designations (dkt. #630), as well as the objections to ABS’s counter-designations as reflected in ABS’s designations (dkt. #631), the court makes the following rulings as to witness Gary Durack. The approved designations may be presented to the jury unless the witness is available to testify in person. ST 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.

Deponent
Designations
Objections
Counter-Designations
Objections
Counter-Counter Designations
Rulings

Gary Durack

7:2-18:20

19:23-20:3

20:11-21:5

21:12-22:11

23:21-26:4

28:5-30:5

30:14-46:2

47:24-62:6

Statements of the videographer are not evidence [7:2-23 (Sustained); 8:6-7 (Sustained)]

Identification of counsel is not evidence [7:24-25 (Sustained); 8:2-5 (Sustained)]

Comments of counsel are not evidence [8:22-25 (Sustained); 14:8-11 (Sustained)]

Comments of counsel are not evidence [21:16-18 (Sustained)]

Hearsay [25:20-25 (Overruled); 26:2-4 (Overruled)]

Comments of counsel are not evidence [28:5-6 (Sustained)]

30:6-13

46:18-37:23

110:18-110:20

113:24-113:25

114:2-114:4

(Overruled)

120:4-120:18

129:16-129:25

(Overruled)

130:2-130:3

131:21-131:25

132:2-132:16

133:17-133:25

(Overruled)

134:2-134:5

(Overruled)

135:9-135:19

(Overruled)

142:18-142:25

(Overruled)

143:3-143:14

143:19-143:25

144:2-144:7

147:23-147:25

(Overruled)

148:2-148:6

149:8-149:15

(Sustained)

149:23-149:25

150:2-150:25

151:2-151:25

Inguran and XY

incorporate by reference the objections to Gary Durack's deposition designations cited in Dkt. No. 600.

Inguran and XY incorporate by reference the counter-designations to Gary Durack's deposition designations cited in Dkt. No. 600.

The parties' designations 172:10-175:2 will be included; ST's counter-counter designations 177:20-179:18, 180:3-6, 180:9-185:4, 185:6, 185:8-188:17, 189:9-190:14, 242:7-244:2 will be included; ST's counter-counter designations 323:7-21, 323:24, 324:1-12 are excluded

62:16-68:8

68:22-70:6

71:11-19

71:24:72:7

77:24-78:14

Improper commentary on testimony [32:11 (Sustained from "And" through "answer.")]

Improper commentary on testimony [72:6-7 (Sustained)]

Comments of counsel are not evidence [77:24-25 (Sustained); 78:2-14 (Sustained)]

(Overruled)

152:2-152:3

152:17-152:21

153:2-153:7

153:9-153:13

154:2-154:20

(Overruled)

154:24-154:25

155:2-155:19

156:6-156:14

157:4-157:25

(Sustained as to

157:10-12;

otherwise

overruled)

164:16-164:25

(Overruled)

165:2-165:12

179:19-179:24

(Sustained as to

leading)

188:18-188:25

(Sustained as to

relevance)

189:2-189:8

(Overruled)

192:5-192:10

(Sustained as to

leading)

204:22-204:25

205:2-205:17

206:21-206:25

207:2-207:11

213:8-213:22

(Sustained)

218:17-218:25

(Sustained; ST's

counter-counter

designation

219:1-14 is

excluded)

219:15-219:25

(Sustained)

220:2-220:9

(Sustained; ST's

counter-counter

designation

220:10-222:4 is

excluded)

222:5-222:22

223:12-223:25

224:2

231:9-231:14

(Overruled)

231:22-231:25

(Sustained)

232:2-232:7

(Sustained)

247:8-247:25

(Sustained)

248:2-248:13

(Sustained)

248:21-248:25

(Sustained)

249:2-249:25

(Sustained)

250:2-250:3

(Sustained)

305:20-305:25

(Overruled)

306:2-306:25

(Sustained as to

306:16-25;

otherwise

overruled)

307:2-307:6

(Sustained; ST's

counter-counter

designation

307:7-22 will be

included)

309:24-309:25

(Sustained)

310:2-310:4

(Sustained; ST's

counter-counter

designation

310:5-312:4 is

excluded)

313:9-313:25

314:2-314:6

315:20-315:22

315:24-315:25

(Sustained)

316:2-316:5

(Sustained; ST's

counter-counter

designation

316:6-19 is

excluded)

316:20-316:25

(Sustained)

317:2-317:21

(Sustained)

317:23-317:25

(Sustained)

318:2

(Sustained)

318:4-318:12

(Sustained)

318:15-318:25

(Sustained)

319:2-319:4

(Sustained; ST's

counter-counter

designation

319:6-320:23 is

excluded)


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