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Fed. Ins. Co. v. Mertz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Apr 25, 2016
12-cv-1597-NSR-JCM (S.D.N.Y. Apr. 25, 2016)

Opinion

12-cv-1597-NSR-JCM

04-25-2016

FEDERAL INSURANCE CO., GREAT NORTHERN INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, Plaintiffs, v. PAUL H. MERTZ, JR., THE MERTZ COMPANY, and DENNIS SORGE, Defendants.


OPINION & ORDER

Based on the parties' objections to the admissibility of the testimony of Sarah Brogan, the Court makes the following rulings:

Objecting

Page(s):Line(s)

Objection

Ruling

Federal

43:2-11

Incomplete, ambiguous

Not Offered

44:23 to 45:5

Non-Responsive, move to

Not Offered

58:2 to 62:22

Asked and Answered

58:2 -25 - Sustained; 62:4-22 - Sustained;Overruled as to remaining lines

64:16 to 67:13

Asked and Answered

Overruled

73:19 to 74:10

Edit out as irrelevant

Not Offered

77:2-3

Irrelevant, incomplete,

Not Offered

77:6-17

Non-Responsive, move to

Sustained

79:24 to 80:20

Non-Responsive, move to

Not Offered

81:15-17

Edit out as irrelevant

Sustained

Objecting

Page(s):Line(s)

Objection

Ruling

81:22-25

Incomplete, ambiguous

Not Offered

82:17-21

Ambiguous

Overruled

89:9-10

Edit out, withdrawn

Not Offered

93:14 to 94:4

Rule 608(a), irrelevant

Sustained

94:5-22

Irrelevant

Sustained

94:23 to 95:10

Rule 608(a), irrelevant

Sustained

95:13-23

Edit out, withdrawn

Sustained

96:9-15

Hearsay

Sustained

96:20-25

Asked and Answered

Not Offered

97:8 to 98:6

Vouching

Overruled

98:7-21

Foundation, irrelevant

Not Offered

99:8-20

Irrelevant

Not Offered

Sorge

28:20-25

Form

Overruled

102:4-12

Form

Overruled

Mertz

23:4-11

Form

Overruled

26:3-22

Form

Overruled

27:16-20

Hearsay

Overruled

28:20-25

Form

Overruled

31:12-32:4

Hearsay

Sustained

33:8-15

Hearsay

33:11-15 - Sustained; Overruled as toremaining lines

34:8-16

Hearsay

34:11-13 (up to and including the word,"work") - Sustained; Overruled as to remaininglines

35:22-36:4

Form

36:4 - Sustained - Non-Responsive; Overruledas to remaining lines

55:5-14

Hearsay

Sustained

102:4-12

Form

Overruled

Dated: April 25, 2016

White Plains, New York

SO ORDERED.

/s/_________

NELSON S. ROMÁN

United States District Judge


Summaries of

Fed. Ins. Co. v. Mertz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK
Apr 25, 2016
12-cv-1597-NSR-JCM (S.D.N.Y. Apr. 25, 2016)
Case details for

Fed. Ins. Co. v. Mertz

Case Details

Full title:FEDERAL INSURANCE CO., GREAT NORTHERN INSURANCE COMPANY, and PACIFIC…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Date published: Apr 25, 2016

Citations

12-cv-1597-NSR-JCM (S.D.N.Y. Apr. 25, 2016)