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

United States District Court, D. North Dakota

February 14, 2018

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

          MIKE REIS 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. Unless otherwise stated, the grounds for the objection are set forth in the separate filing by party making the objection.

Party
Designation
Objection
Ruling
Allowed
D
5/5-5/9
5/5-5/9
D
7/4-10/18

Yes as to 9/25-10/18

Sustained

7/4-9/24
D
11/6-15/12

Yes as to 12/3-15/12

Sustained Rule 402 and 403 grounds for everything after 11/15

11/6-11/15
D
17/15-18/15

Yes

Overruled

17/15-18/15
D
18/22-20/24

Yes to 18/22 to 20/3 and 20/6 to 20/24

Overruled

18/22-20/24
PCD
22/03-22/24
22/03-22/24
D
23/14-24/15
23/14-24/15
D
26/9-28/16

Yes

Overruled

26/9-28/16
PCD
30/14-31/1

Yes

Overruled

D
31/2-35/21

Yes

Sustained on grounds stated in order re motions in limine and moving from standard procedure to what he would have done and speculation as to what Decker did

D
36/7-38/23

Yes

Sustained in part based on pretrial rulings and overruled in part

37/11-38/23
PCD
42/5-42/9
42/5-42/9
D
42/10-43/3

Yes

Sustained on lack of personal knowledge and Rule 402-403

D
43/21-44/13

Yes

Sustained for same reasons above

PCD
44/21-46/1

Excluded re pretrial rulings and repetitive

D
46/5-47/9

Yes

Sustained re pretrial rulings

D
48/2-49/19

Yes

Sustained in part re pretrial rulings and overruled in part

48/21-49/19
D
51/21-52/7

Yes

Sustained lack of foundation, form objection,

D
54/15-55/15

Yes

Overruled lay witness with particular knowledge of practice and P has opened door in other questioning of other witnesses

54/15-55/15
D
57/22-59/1
57/22-59/1
D
60/4-61/13

Yes

Overruled lay witness with particular knowledge of practice and P has opened door in other questioning of other witnesses

60/4-61/14
D
61/24-62/15

Yes

Sustained

PCD
64/17-66/15
64/17-66/15
PCD
67/11-68/7
67/11-68/7
PCD
68/21-69/21
68/21-69/21
D
71/10-73/17

Yes to 71/10 -72/19, 72/25 to 73/03, and 73/4 to 73/17

Overruled lay witness with particular knowledge of practice and P has opened door in other questioning of other witnesses

71/10-73/17
PCD
*72/20-72/24
PCD
74/21-75/8
74/21-75/8
84/13-85/3

Yes

Overruled lay witness with particular knowledge of practice and P has opened door in other questioning of other witnesses

84/13-85/3
D
87/4-88/6

Yes

Same as above

87/4-88/6

         IT ...


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