Opinion
CV 20-34-BLG-SPW
02-24-2023
MARIA DALBOTTEN, Plaintiff, v. C.R. BARD, INC. and BARD PERIPHERAL VASCULAR, INC., Defendants.
ORDER
SUSAN P. WATTERS, UNITED STATES DISTRICT JUDGE
The parties have submitted a number of deposition excerpts in advance of trial. This order sets forth the Court's ruling on a portion of theses objections in those excerpts. Additional orders ruling on the remaining objections will follow.
A. John Craig Deposition - May 11,2021
1. 13:04-16:08 - sustained as to “market leader” - redact 14:24-14:25 up to “we were very confident..”
2. 47:03-47:18-overruled
3. 63:04-64:04 - sustained, relevancy
4. 64:10:65:03 - the objection stated by Plaintiff was ruled on previously see 3
5. 65:07-67:05 - sustained as to 66:08-67:09, Rule 602
6. 67:09 - sustained, Rule 602
7. 68:01-72:15 - sustained as to 68:20-68:21 - “workhorse” - non-responsive; overruled as to 71:08
8. 72:18-73:11 - sustained, relevance 73:08-73:11
9. 75:08-75:18 - overruled except sustained as to 75:16-75:18 - leading
10. 75:21-79:01 - overruled
11. 91:15-93:11 -sustained as to 91:15-91:21, compound question makes the answer very confusing; sustained as to 93:05-93:09, non-responsive
12. 113:18-118:01 - sustained as to 117:12-118:01, relevancy
13. 118:20-119:08-overruled
14. 119:10-119:23-overruled
15. 119:25-120:21 - sustained for the reasons stated in the objection
16. 120:24-121:02 - sustained for reasons stated in the objection
17. 121:14-122:04 - sustained, for reasons stated in the objection, except overruled as to 122:02-04
18. 122:06-126:01 - overruled
19. 126:04-126:06-overruled
20. 126:09-126:15-overruled
21. 126:19-126:25 - sustained, beyond the scope of witness's care of Plaintiff
22. 127:02-127:15 - sustained, beyond the scope of witness's care of Plaintiff; As to 127:02-127-11 up to “assuming” overruled for remainder
23. 127:17-127:18 - overruled, within the considerations of the treating physician
24. 127:20-overruled
25. 127:22-127:23 - sustained - what potentially could have happened, but didn't, isn't relevant in this context; 127:23-128:06, cumulative, sustained; 128:07-128:20, sustained, beyond the scope of this witness's care of Plaintiff; 128:21-128:23, sustained, foundation, beyond the scope of witness's care of Plaintiff
26. 128:25-129:10 - sustained for the reasons stated in the objection
27. 130:09-130:15 - sustained, just counsel's question and questions are not evidence
28. 130:17-131:04 - overruled, relevant factual evidence rather than expert opinion under Rule 702
29. 131:06-131:16- overruled, relevant factual evidence rather than expert opinion under Rule 702
30. 131:18-131:25- overruled, relevant factual evidence rather than expert opinion under Rule 702
31. 132:02-132:09 - overruled, relevant factual evidence rather than expert opinion under Rule 702
32. 132:11-132:19 - overruled, relevant factual evidence rather than expert opinion under Rule 702
33. 132:21-132:25 - sustained, calls for hearsay
34. 133:02-133:09 - sustained, Rule 602, witness can't know what Bard may or may not have disclosed to other physicians
35. 133:11-133:15 - sustained, Rule 602, witness can't know what Bard may or may not have disclosed to other physicians
36. 138:20-140:08-overruled
37. 141:17-141:25- sustained, cumulative
38. 143:14-143:20 sustained, cumulative
B. Scott O. Trerotola, M.D. Deposition - January 20,2017
1. 19:07-19:14-overruled
2. 19:21-19:22-overruled
3. 20:06-20:14-overruled
4. 22:24-23:06 - sustained, relevancy - how is what this doctor does relevant to Plaintiffs claims?
5. 31:17-31:22 - sustained, relevancy - how is what this doctor does relevant to Plaintiffs claims?
6. 31:23-31:24 - sustained, relevancy - how is what this doctor does relevant to Plaintiffs claims?
7. 38:02-38:21 - sustained for reasons stated in the objection, relevancy
8. 41:12-41:16- sustained, relevancy
9. 42:14-42:18 - sustained, relevancy
10. 51:14-51:21 - sustained, non-responsive, Recovery filter
11. 52:12-52:20 - sustained, relevancy
12. 54:06-54:12 - sustained, relevancy
13. 70:15-70:23-overruled
14. 71:15-71:17-overruled
15. 77:11-77:23-overruled
16. 78:08-78:20-overruled
17. 80:02-80:10-overruled
18. 85:01-85:03 - sustained, relevancy
19. 85:11-85:19-overruled
20. 86:09-86:20 - overruled
21. 92:01-92:12-overruled
22. 92:17-93:03 - overruled
23. 93:08-93:11 - overruled
24. 94:23-95:07 - overruled
25.129:17-129:19 - sustained - hearsay - offered for the truth
26. 129:21-129:22-sustained-hearsay-offered forthetruth
27. 135:16-135:22 - sustained, witness doesn't know the answer and the question is not evidence
28. 147:14-147:20 - overruled
29. 155:18-155:23 -overruled
30. 177:05-177:23 - overruled
31. 178:20-179:03 -overruled
32. 196:16-197:02 - sustained, relevancy
33. 198:21 - sustained, relevancy
34. 199:07-199:13 - sustained, relevancy
35. 200:18-201:02 - sustained, relevancy
The clerk is directed to notify counsel of the entry of this Order.