Mancuso v. American Family Mutual Insurance Company

Filing 93

Order on Deposition Designations. Signed on 1/23/2009 by Magistrate Judge Janice M. Stewart. (ST)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON NICHOLAS MANCUSO, Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin Based Insurance Company, Defendant. STEWART, Magistrate Judge: For use at trial, plaintiff has designated portions of deposition testimony from two witnesses, Jeff Fletcher (Exhibit 40) and John Olson (Exhibit 41). Defendant has identified cross-designations of those same witnesses. The following is the court's ruling on the parties' evidentiary objections to those designations (dockets # 84 & # 86): CV-07-835-ST ORDER ON DEPOSITION DESIGNATIONS Exhibit 40 (Fletcher) 1 - ORDER ON DEPOSITION DESIGNATIONS Defendant's evidentiary objections to plaintiff's following designations are sustained: Page 38, lines 17-19 Page 49, lines 6-12 Page 66, line 14 - page 67, line 4 Page 72, line 22 - page 73, line 7 Defendant's remaining objections are overruled. Exhibit 41 (Olson) Defendant's evidentiary objections to plaintiff's following designations are sustained: Page 62, line 17 - page 63, line 2 Page 75, lines 13-24 Page 76, line 9 - page 77, line 19 Page 78, lines 3-23 Page 94, lines 11-21 Page 99, lines 7-23 Page 100, line 12 - page 102, line 1 Page 147, line 18 - page 149, line 15 Page 150, line 16 - page 151, line 9 Page 151, line 23 - page 152, line 6 Page 155, lines 6-9 Page 158, line 22 - page 159, line 9 Defendant's remaining objections are overruled. Plaintiff's evidentiary objection to defendant's following cross-designation is sustained: Page 40, line 17 - page 41, line 1 In addition, the court sua sponte strikes the following cross-designations by defendant because they refer to inadmissible matters: /// /// /// Page 142, lines 17-25 Page 143, lines 14-25 2 - ORDER ON DEPOSITION DESIGNATIONS Page 149, lines 16-23 Page 150, lines 11-15 DATED this 23rd day of January, 2009. s/ Janice M. Stewart____________ Janice M. Stewart United States Magistrate Judge 3 - ORDER ON DEPOSITION DESIGNATIONS

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