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DSM IP Assets, B.V. v. Lallemand Specialties, Inc.

United States District Court, W.D. Wisconsin

May 9, 2018

DSM IP ASSETS, B.V. & DSM BIO-BASED PRODUCTS & SERVICES, B.V., Plaintiffs and Counter-Defendants
v.
LALLEMAND SPECIALTIES, INC. & MASCOMA LLC, Defendants and Counterclaimants.

          ORDER

          WILLIAM M. CONLEY, District Judge.

         On the parties' deposition designations, counter-designations and objections as to Brian Wamsley, the court rules as follows:

Lallemand's Designations

DSM's Objections

Court Ruling

DSM's Counter-Designations

Lallemand's Objections to DSM's Counter-Designations

Lallemand's Counter Designations

Court Ruling

22:7-23:21

23:22-24:7

Irrelevant (FRE 402); Prejudicial/Confusing/ Misleading (FRE 403)

Overruled.

42:8-43:18

Includes Attorney Objections (FRE 611(a)) [FRE43:7-18] Irrelevant

(FRE 402);

Prejudicial/Confusing/ Misleading (FRE 403); Includes Attorney Objections (FRE 611(a))

Sustained: 42:10, 17; 43:10, 17. Overruled as to remainder.

48:9-50:9

Irrelevant (FRE 402); Prejudicial/Confusing/ Misleading (FRE 403); Includes Attorney Objections (FRE 611(a))

Sustained: 48:19; 49:11 through 50:1-4. Overruled as to remainder.

52:5-10

Irrelevant (FRE 402); Prejudicial/Confusing/ Misleading (FRE 403)

Sustained.

52:20-55:19

Irrelevant (FRE 402); Prejudicial/Confusing/ Misleading (FRE 403); Includes Attorney Objections (FRE 611(a)); Seeks Expert Opinion

Sustained: 52:20 through 54:4. Overruled as to

(FRE 701/702)

remainder.

59:15-14

Improper Counter-Designation as Beyond the Scope; Lack of Personal Knowledge (FRE 602)

Sustained.

59:22-61:3

MIL No 14; Improper Counter- Designation as Beyond the Scope; Irrelevant (FRE 402); Prejudicial/Confusing/ Misleading (FRE 403); Knowledge (FRE 602); Includes Attorney Objections (FRE 611(a)); Lack of Personal Knowledge (FRE 602)

61:5-7; 61:9-12

Strike: 61:5-7; 61:9-12. Sustained as to DSM counter-designations.

62:3-63:10

Includes Attorney Objections (FRE 611(a)) [62:9-63:10] Lack of Foundation (FRE 103/104);

Irrelevant (FRE 402); Prejudicial/Confusing/ Misleading (FRE 403)

Sustained: 62:6, 15; 63:3. Overrruled as to remainder.


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