Opinion
Civil Action No. 90-cv-181-JLK.
November 15, 2005
ORDER ON OBJECTIONS TO PLAINTIFFS' DESIGNATIONS OF MORGAN DEPOSITION TESTIMONY AND EXHIBITS
This matter is before me on Defendants' Objections to Plaintiffs' Designations of Deposition Testimony by Karl Z. Morgan and to Use of Deposition Exhibits at Trial (Docket #1627), filed November 11, 2005. Having carefully considered these objections, Plaintiffs' response, Defendants' reply and all applicable legal authorities, and being fully advised in the premises, I overrule Defendants' general objections and rule as follows with respect to the Morgan deposition designations and exhibits to which specific objections were made.
These rulings also exclude from the deposition testimony presented to the jury all objections by counsel. Such objections are not evidence, and should not be designated by either party. Designations from Party Making Objection Ruling on Objections August 26, 1996 Deposition Transcript Designations from Party Making Objection Ruling on Objections August 27, 1996 Deposition Transcript
Exhibit 2 (conference Defendants Overruled. minutes) Exhibit 3 (Langham letter) Defendants Overruled. 8:11-17 Defendants Overruled. 14:25 to 15:13 Defendants Overruled. 14:19-22 and 15:4-5, however, are stricken. Objections by counsel are not evidence. 15:12-13 16:1-3 Defendants Overruled. 17:20 to 18:4 Defendants Overruled. 17:24-25 18:8 are stricken. 18:6-15 Defendants Overruled. 18:25 to 19:13 Defendants Overruled. The objections by counsel stated at 19:7-8 19:17 to 20:7 are excluded. 20:11-13 20:24 to 21:4 Defendants Overruled. 23:3-15 Defendants The objection stated, that Dr. Morgan was improperly testifying as an undesignated expert witness, is overruled. The objection by counsel stated on these lines is excluded. 25:14 to 26:14 Defendants Overruled. The objections by counsel stated at 25:17, 26:2 and 26:5-6 are excluded. 29:24 to 30:2 Defendants Overruled. 30:21 to 31:6 Defendants Overruled. The objection by counsel stated at 30:23 is excluded. 31:14-19 Defendants Overruled. 31:20-23 Defendants Overruled. The objection by counsel stated at 31:24-25 is excluded. 32:20 to 33:7 Defendants Overruled. The objections by counsel stated at 32:25 to 33:1 and 33:8-10 are excluded. The motion to strike is denied. 34:22 to 35:20 Defendants Overruled. The objections by counsel stated at 34:24, 35:7-10 and 35:21 to 36:6 are excluded. The question stated at 35:18-20 is excluded per Plaintiffs' withdrawal of this designation. Pls.' Resp. (#1644) at 5. 36:11 to 45:17 Defendants Defendants' motion to exclude all evidence based on Exhibit 3 is denied. Defendants' additional objections to the testimony designated by Plaintiffs in this section are overruled. The objections by counsel at 39:2-23, 41:9-11, 41:25 to 42:7, 42:19, 43:12, 43:15, 44:1, 44:13-14, 44:20-21, 45:8-9 and 45:18-19 are excluded. 45:21 to 46:10 Defendants Overruled. The objection by counsel at 46:1-4 is excluded. 46:19 to 47:21 Defendants Overruled. The objection by counsel at 47:4 is excluded. 60:16 to 61:20 This designation, included in Defendants' reply filed November 14, 2005 (#1654), is excluded for lack of relevance. 77:18 to 78:19 Plaintiffs Sustained. IT IS SO ORDERED.