Opinion
Civil Action No. 90-cv-181-JLK.
November 1, 2005
ORDER ON OBJECTIONS TO WATKINS DESIGNATIONS AND EXHIBITS
This matter is before me on Defendants' General Objections to Watkins Designations and Objections to Watkins Exhibits (Docket #1540), filed October 25, 2005, and the parties' specific objections to their respective designations of Admiral Watkins' deposition testimony, filed October 25 (Docket #1542) and October 27 (Docket #1561). Having carefully considered these objections, and all applicable legal authorities, and being fully advised in the premises, I rule as follows with respect to the deposition designations and exhibits to which objections have been made: Deposition Designation Party Making Objection Ruling on Objections
13:1-10 Defendants Overruled. 13:21 to 15:2 Defendants Overruled. 15:21 to 16:4 Defendants Overruled. 16:13-22 Defendants Overruled. 18:7-17 Defendants Overruled. 18:19 to 20:5 Defendants Overruled. 22:21 to 23:3 Defendants Overruled. 23:14-23 Defendants Overruled. 24:11-14 Defendants Sustained as to sentence beginning "I gave a deposition." Otherwise, overruled. 24:15-18 Defendants Sustained. 25:13 to 26:2 This counter-designation is excluded in light of the rulings sustaining Defendants' objection to the preceding testimony. 28:10-24 Defendants Overruled. 31:10-19 Defendants Overruled. 32:24 to 38:6 Defendants Sustained. 38:19-23 to 39:8 Defendants Sustained. 39:9-17 This counter-designation is excluded in light of the rulings sustaining Defendants' objection to the preceding testimony. 39:18-22 Defendants Sustained. 40:5 to 44:19 Defendants Sustained. 44:21-23 This counter-designation is excluded in light of the rulings sustaining Defendants' objection to the preceding testimony. 45:22 to 46:24 Defendants The objection to the phrase "as the reactor shutdown at Savannah River for safety," at 46:19-20 is sustained. The objections to the remainder of this designation are overruled. 47:1 to 48:23 Defendants Sustained. 48:24 to 49:4 Defendants Overruled. 49:15-22 Defendants Sustained. 50:3 to 51:2 Defendants The objection to 50:13 to 51:2 is sustained. 50:3 to 50:12 is also excluded. 51:3-24 Defendants Overruled. 52:7-24 Defendants Overruled. 53:15-17 Plaintiffs Sustained. 55:18-24 Defendants Overruled. 58:9-12 Plaintiffs Overruled. 79:18 to 81:22 Defendants Overruled. 82:22 to 84:16 Defendants Overruled. 88:5 to 90:16 Defendants Overruled. 90:17-20 Defendants Sustained. 90:21 to 91:12 Defendants Overruled. 91:13 to 92:3 Defendants Overruled. 92:4 to 95:6 Defendants Overruled. 95:8-9 Plaintiffs Sustained. 97:3 to 98:15 Defendants Overruled. 98:16-24 Defendants Sustained. 99:2 to 100:14 Defendants Overruled. 100:18 to 101:14 Defendants Overruled. 102:10-11 This portion of Defendants' counter-designation is excluded. Objections by counsel are not evidence. 105:23 to 106:3 Excluded. 106:6 to 109:22 Defendants Overruled. 112:1-24 Defendants Overruled. 117:5 to 122:15 Defendants Overruled. 124:1 to 11 Defendants Sustained. 128:20 to 132:14 Defendants Overruled. 174:23 to 175:10 Defendants Overruled. 175:11 to 177:14 Defendants Sustained. The motion to strike is granted. 181:4 to 182:23 Plaintiffs Overruled. 183:16 to 184:15 Plaintiffs Overruled. 184:20 to 185:6 Plaintiffs Overruled. 199:3 to 202:10 Defendants Overruled. 234:17 to 237:23 Defendants Overruled. The motion to strike is denied. Watkins Exhibit 1 Defendants Sustained. This exhibit is not admitted. Watkins Exhibit 5 Defendants Overruled. The exhibit is admitted. Watkins Exhibit 6 Defendants Overruled in part and sustained in part. This exhibit will be admitted provided the following text is redacted: (1) Bates 110917, the first paragraph following the heading "5.0 WASTE MANAGEMENT"; and (2) Bates 11091, the final line, the text reading "such as existing plans for West Valley, FISRAP, UMTRA, etc." Watkins Exhibit 7 Defendants Overruled. The exhibit is admitted. Watkins Exhibit 10 Defendants Overruled. The exhibit is admitted. Watkins Exhibit 13 Defendants Overruled in part and sustained in part. This exhibit will be admitted provided the following text is redacted: (1) page 2, final paragraph, fifth line, from "similar to what was done at SR" through the sentence concluding "unless strenuous efforts are made"; and (2) page 3, first paragraph, first two sentences. IT IS SO ORDERED.