Koger v. Norfolk Southern Railway Company, No. 1:2008cv00909 - Document 156 (S.D.W. Va. 2009)

Court Description: MEMORANDUM OPINION AND ORDER: The parties are directed to delete the objectionable testimony from the videotaped deposition of Dr. Jeffrey Greenberg as the Court agrees that the proffered excerpt is speculative and inadmissible. Signed by Senior Judge David A. Faber on 11/16/2009. (cc: counsel of record) (arb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA AT BLUEFIELD LARRY L. KOGER, Plaintiff, v. CIVIL ACTION NO. 1:08-0909 NORFOLK SOUTHERN RAILWAY COMPANY, Defendant. MEMORANDUM OPINION AND ORDER Pending before the court is defendant s Fed. R. Evid. 602 objection to a portion of the videotaped deposition of Dr. Jeffrey Greenberg. The court agrees that the proffered excerpt is speculative and inadmissible. Accordingly, the parties are directed to delete the objectionable testimony from the videotaped deposition. The Clerk is directed to send copies of this Memorandum Opinion and Order to all counsel of record. IT IS SO ORDERED this 16th day of November, 2009. ENTER: David A. Faber Senior United States District Judge

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