Opinion
19-10368
10-24-2022
Dawn Hughey, Plaintiff, v. Anthony Easlick, Defendant.
Elizabeth A. Stafford, Mag. Judge.
ORDER ON PENDING OBJECTIONS TO TRIAL DEPOSITIONS
JUDITH E. LEVY, United States District Judge.
Before the Court are the parties' objections to the trial depositions of witnesses Jerry Matlen, M.D.; Bruce D. Lawrence, D.O.; and Dirk W. Snyder, M.D. The Court has reviewed the transcripts and resolves the objections as follows:
Dr. Matlen - September 2, 2022
• Tr. 29:13-19 - The objection is SUSTAINED. The highlighted portion of the transcript and Tr. 28:18-29:12 are excluded.
• Tr. 30:21-32:25 - In addition to the agreed upon objections at Tr. 31:2-14 and 32:13-25, the Court also sua sponte STRIKES Tr. 30:21-31:1 and 31:15-32:12 as irrelevant and therefore
inadmissible. See Fed.R.Evid. 401, 402. These additional portions of the transcript are excluded.
• Tr. 36:25-37:2 - The objection is OVERRULED. The highlighted portion of the transcript is excluded.
• Tr. 40:25-41:2 - The objection is OVERRULED. The highlighted portion of the transcript is excluded.
• Tr. 43:6-20 - The objection is SUSTAINED. The highlighted portion of the transcript is excluded.
• Tr. 48:19 - The objection is OVERRULED. The highlighted portion of the transcript is excluded.
Dr. Lawrence - September 30, 2022
• Tr. 49:17-53:15 - The objection is SUSTAINED. The highlighted portion of the transcript is excluded.
Dr. Snyder - October 12, 2022
• Tr. 13:25 - The objection is OVERRULED. The highlighted portion of the transcript is excluded.
• Tr. 16:20-22 - The objection is SUSTAINED. The relevant portion of the transcript (Tr. 16:16-17:4) is excluded.
• Tr. 23:4-5 - The objection is OVERRULED. The highlighted portion of the transcript is excluded.
• Tr. 43:6-10, 43:15-20, 43:22-44:5 - The objections are SUSTAINED. The relevant portion of the transcript (Tr. 43:6-44:8) is excluded.
• Tr. 47:10-50:1 - The objection is OVERRULED. The objections and discussions between counsel (Tr. 47:10-13, 48:8-19, 48:24-25, 49:17-50:1) are excluded.
• Tr. 51:10-23 - The objection is SUSTAINED. The highlighted portion of the transcript is excluded.
• Tr. 55:16-18 - There is no formal objection on the record for this question. To the extent any objection was made, it is OVERRULED.
• Tr. 60:11-20, 61:2-6, 61:14-15, 61:24-62:8, 62:18-19 - The objections are SUSTAINED. The relevant portion of the transcript (Tr. 60:7-63:6) is excluded.
The parties are directed to edit the trial deposition videos consistent with the agreed upon objections and the Court's above rulings.
IT IS SO ORDERED.