Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Digiacomo v. Kennebec County

United States District Court, D. Maine

July 30, 2019

DIEDRE DIGIACOMO, Plaintiff,
v.
KENNEBEC COUNTY, Defendant. Deponent Page, Line Objection Counter-Designation RULING Deponent Page, Line Objection Counter-Designation RULING

          ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS

          George Z. Singal United States District Judge

         Before the Court is Defendants' Objections to Plaintiffs Amended Designation of Deposition Transcripts to be Used at Trial (ECF No. 56) and Plaintiffs Objection to Defendants' Designations of Deposition Transcripts to be Used at Trial (ECF No. 64). The Court now issues the following mlings:

         Defendant Objections:

Deponent
Page, Line
Objection
Counter-Designation
RULING

Louise Schimke

46:6-48:18

Rule 401, Rule 403, Confusion of the issue (testimony relates to a previously dismissed plaintiff)

Sustained.

74:14-76:23

Hearsay, lack of foundation, lack of personal knowledge

Sustained.

Bobbi-Jo Dumas

20:20-26:13

Rule 401, Rule 403, partially hearsay within hearsay, confusion of issues

Sustained as to 20:20-24; 22:6-23:15 & 24:23-26:13.

Overruled as to 20:25-22:5 & 23:16-24:22.

27:11-28:20 (objection is as to page

28:3-20)

Rule 401. Rule 403

Sustained as to 28:3-20.

30:12-36:23

Rule 401. Rule 403. lack of foundation, lack of personal knowledge, speculation

36:8-37:23

Sustained.

39:8-13

Rule 401, Rule 403

Sustained.

41:14-42:16

Rule 401, Rule 403

Sustained.

43:18-44:16

Rule 401. Rule 403, hearsay

44:17-45:18

Sustained.

45:22-46:2

Rule 401, Rule 403. hearsay

Overruled.

46:16-47:25

Rule 401, Rule 403, hearsay

(Defendant reserves the right to use this testimony. . .to rebut other testimony of this witness)

Overruled.

52:14-54:22

Rule 401, Rule 403

Sustained.

56:2-9

Rule 401. Rule 403

Sustained.

59:18-60:15

Rule 401. Rule 403

Sustained.

Karen Heavey Morin

15:18-18:16

Rule 401. Rule 403

Sustained.

22:8-23:14

Rule 401, Rule 403

Sustained.

24:3-25:13

Rule 401, Rule 403. hearsay, lack of foundation, speculation, lack of personal knowledge

Sustained as to 24:8-25:13.

26:19-27:2

Rule 401, Rule 403

Overruled.

28:9-21

Rule 401, Rule 403. lack of context

Sustained.

33:24-34:13

Rule 401, Rule 403

Sustained.

Alfred Morin

9:25-11:7

Rule 401, Rule 403, inadmissible opinion evidence

Sustained.

13:2-12

Rule 401, Rule 403

Sustained.

13:14-14:1

Rule 401. Rule 403

Sustained.

15:23-17:2

Rule 401. Rule 403

Overruled.

18:7-19:14 (objection is to 18:24-19:14)

Rule 401. Rule 403

Sustained as to 18:24-19:14

20:18-21:21

Rule 401. Rule 403, lack of foundation, speculation, lack of personal knowledge

Sustained.

22:8-24:7

Rule 401, Rule 403, lack of foundation, speculation, lack of personal knowledge

Sustained.

30:2-31:9

Rule 401, Rule 403, lack of foundation, speculation, lack of personal knowledge

Sustained as to 30:15-31:9. Overruled as to 30:3-30:14.

31:13-39:1

Rule 401, Rule 403, lack of foimdation, speculation, lack of personal knowledge

Sustained as to 31:13-38:2. Overruled as to 38:3-39:1.[1]

40:10-41:23 (objection is to 40:17-25, 41:1-23)

Rule 401, Rule 403

Sustained as to 40:17-41:23.

44:10-45:17

Rule 401, Rule 403

Sustained.

51:5-52:12

Rule 401, Rule 403, hearsay

Overruled as to 51:5-7. Sustained as to

51:8-52:12.

53:8-15

Rule 401, Rule 403, hearsay

Sustained.

54:1-56:11

Rule 401. Rule 403, hearsay, speculation, lack of foundation, lack of personal knowledge

Sustained.

59:5-61:7

Rule 401, Rule 403, hearsay, speculation, lack of foundation, lack of personal knowledge

Sustained.

65:22-66:8

Rule 401. Rule 403, hearsay, speculation, lack of foimdation, lack of personal knowledge

Sustained.

66:15-67:2

Rule 401, Rule 403, hearsay, speculation, lack of foundation, lack of personal knowledge

67:9-73:5

Sustained.

         Plaintiff's Objections:[2]

Deponent
Page, Line
Objection
Counter-Designation
RULING

Sherry McLaughlin

26:4-10

Rule 401, 403

Misleading the jiuy; confusing the issues (refers to other Plaintiffs not party to this suit)

Sustained.

26:14-27:3

Rule 401, 403 unfair prejudice

27:4-28:24; 38:19-39:16

Sustained.

29:5-32:23

Rule 401, 403 unfair prejudice

32:24-33:16; 34:16-36:3

Sustained.

Karen Heavey Morin[3]

18:22-21:6

Rule 401, 403 unfair prejudice, mislead the jury

15:18-18:16; 22:8-16

Overruled. Counter-designation of 15:18-18:16 & 22:8-16 allowed.

19:2-19

Rule 401, 403 Unfair prejudice, mislead the jury

24:3-25:13

Overruled. Counter-designation of 24:3-25:13 is not allowed.

19:2-6

Rule 401, 403 Unfair prejudice, mislead the jury

22:17-23:14

Overruled. Counter-designation of 22:17-23:14 is not allowed.

27:3-9

Rule 401, 403

Unfair prejudice, misleading the jury

26:17-27:2; 27:10-27:17

Overruled Counter-designation of 26:19-27:2 is allowed, all other counter-designation is excluded.

         As explained herein, Defendants' Objections to Plaintiff's Amended Designation of Deposition Transcripts to be Used at Trial (ECF No. 56) and Plaintiff's Objection to Defendants' Designations of Deposition Transcripts to be Used at Trial (ECF No. 64) are both GRANTED IN PART AND DENIED IN PART.

         In accordance with the directions previously provided in the July 25, 2019 Trial Management Order (ECF No. 68), counsel shall prepare the relevant deposition transcripts to be used at trial to reflect the above rulings.

         SO ORDERED.

---------

Notes:

[1] The Court was not provided copies of the multiple exhibits referenced in 31:13-38:3. Absent a determination that the exhibits referenced are admissible, the proposed testimony is clearly excludable and would confuse the jury.

[2] The Court is not ruling on the objections to the deposition designation of Ryan Reardon in light of the representation that Ryan Reardon will be called as a witness at trial. See Def. Objection (ECF No. 56). PageID # 803 & n.2.

[3] The Court notes that Defendant has also designated page 15. lines 11-17 without any objection from Plaintiff. However. the Court will not allow this particular designated question to the extent that it references claims ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.