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Decker v. I.E. Miller Services, Inc.

United States District Court, D. North Dakota

February 8, 2018

Scot Decker, Plaintiff,
v.
I.E. Miller Services, Inc., et. al Defendants Party Designation Objection Ruling Allowed

          TROY BAKKEN DEPOSITION RULINGS

          CHARLES S. MILLER, JR., MAGISTRATE JUDGE UNITED STATES DISTRICT COURT.

         The following are the court's rulings with respect to the designations and objections by the parties for the presentation of the deposition testimony of the above-named witness.

Party
Designation
Objection
Ruling
Allowed
D
5/9-9/6

P objects to 8/12-8/14 as leading

Sustained

5/9-8/11 8/17-9/6

P
*5/9-6/5
P
*6/24-7/6
P
*7/8-7/8
P
*7/12-8/2
D
9/12-13/24

P objects to 12/6-12/22 and 13/4-13/13 as violating order re motions in limine, lack of relevancy and foundation

P objects to 13/15-13/25 on same grounds

Overruled

Sustained

9/12-12/9

12/14-13/5

13/7-13/13

P
*9/12-10/14
D
14/1-15/2

Excluded 14/2-14/24 based on order re motions in limine re Murex

14/25-15/2

P
*14/14-14/19
D
15/20-16/9

15/20-16/9

D
17/2-17/8

17/2-17/8

P
18/1-18/17

18/1-18/17

D
18/23-19/11

18/23-19/11

P
20/7-20/21

20/7-20/21

P
21/18-22/24

21/18-22/24

D
22/13-23/17

22/13-23/17

P
24/3-25/13

24/3-25/13

P
25/15-25/15

25/15-25/15

P
25/17-25/25

Excluded on Rule 403 confusion grounds

P
26/01-27/16

D objects based on motion in limine rulings and lack of relevance

Overruled

26/1-27/16

P
27/18-27/18

27/18-27/18

P
27/20-28/4

27/20-28/4

P
28/6-28/6

28/6-28/6

P
28/8-28/15

28/8-28/15

P
28/23-29/4

28/23-29/4

P
29/8-32/1

29/8-32/1

P
32/11-33/13

32/11-33/13

P
33/16-33/18

33/16-33/18

P
33/24-36/2

D objects to 34/4 to 35/6 based on argumentative, asked and answered, speculation, and Rule 403

D further objects on same grounds to 35/7 to 37/20 on same grounds and because improperly refer to other witness testimony

Overruled

Overruled - form objection waived when not made at the time and witness agreed with the point of the question in any event at 35/12

33/24-36/2

P
36/4-37/20

See above

Overruled

36/4-37/20

P
38/20-38/25

D objects to 38/20 to 40/8 as relating to testimony that the court stated it would exclude with respect to witness Anderson and hearsay

Sustained - lacks relevancy given court's rulings

P
39/1-39/23

See above

Sustained - lacks relevancy given court's rulings

P
39/25-39-25

See above

Sustained

P
40/2-40/8

See above

Sustained in part and overruled in part

40/5-40/8

P
40/11-43/10

D objects to 40/11 to 47/25 under Rules 402-03 as being irrelevant and wasting time

Overruled

40/11-43/10

P
43/12-43/14

See above

Overruled

43/12-43/14

P
43/16-43/23

See above

Overruled

43/16-43/23

P
43/25-44-02

See above

Overruled

43/25-44-02

P
44/06-47-25

See above

Overruled

44/06-47-25

P
48/18-49/2

D objects 48/18 for lack of relevancy and waste of time under Rule 402-03 grounds but adds that if admitted that 48/14-48/17 needs to be played

Overruled but include 48/14-48/17

48/14-49/2

P
49/4-51/4

See above

Overruled

49/4-51/4

P
51/7-52/1

See above

Overruled

51/7-52/1

         IT ...


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