The Pa. State Univ. v. Vintage Brand, LLC

Full title: THE PENNSYLVANIA STATE UNIVERSITY, Plaintiff, v. VINTAGE BRAND, LLC…

Court: United States District Court, Middle District of Pennsylvania

Date published: Nov 8, 2024

4:21-CV-01091 (M.D. Pa. Nov. 8, 2024)

Opinion

4:21-CV-01091

11-08-2024

THE PENNSYLVANIA STATE UNIVERSITY, Plaintiff, v. VINTAGE BRAND, LLC; SPORTSWEAR, INC., d/b/a PREP SPORTSWEAR; and CHAD HARTVIGSON, Defendants.

Matthew W. Brann Chief United States District Judge

ORDER

Matthew W. Brann Chief United States District Judge

Upon consideration of the objections to portions of the deposition testimony that the parties seek to introduce at trial,¹ IT IS HEREBY ORDERED that:

1 Docs. 285, 288.

1. As to Nicole Armentrout,² objections are sustained to the following portions of the deposition: 30:12-13 (attorney testimony); 47:24-48:4 (relevance); and 50:20 (attorney testimony).

2 Doc. 285-2.

2. As to C. Thomas McGrath,³ objections are sustained to the following portions of the deposition: 14:12-14 (improperly designated attorney objection); 15:2-4 (improperly designated attorney objection); 21:13 (exhibit not introduced); 28:17 (attorney testimony/improper question); 29:21-30:7 (attorney testimony/improper question); 32:21-23 (improperly designated attorney objection); 34:17-35:24 (not designated as a trial exhibit); 36:16-18) (improperly designated attorney objection); 43:9-11 (improperly designated attorney objection); 64-23 (improperly designated attorney objection); 66:4 (improperly designated attorney objection); 67:19-24 (asked and answered); 88:12-89:3 (speculative); 88:16-18 (improperly designated attorney objection); 88:25-89:2 (objection); 89:7-8 (objection); 89:4-12 (impermissibly vague); 90:20-21 (improperly designated attorney objection); 91:16-17 (improperly designated attorney objection); and 91:25-92:2 (improperly designated attorney objection).

3 Doc. 285-3.

3. As to Dominic DeLong,⁴ objections are sustained to the following portions of the deposition: 14:19-15:11 (outside scope of designation); 22:12-18 (lay testimony concerning consumer perceptions); 22:21-23:2 (lay testimony concerning consumer perceptions); 27:21-28:3 (outside scope of designation); 35:3-11 (outside scope of designation); 49:2450:22 (outside scope of designation); 57:25-58:9 (outside scope of designation); and 84:6-9 (outside scope of designation).

4 Doc. 288-6.

4. As to Chad Hartvigson, objections are:

A. Sustained to the following portions of the deposition from July 21, 2022:⁵ 37:20-23 (outside scope of designation); 46:19-47:3 (outside scope of designation); 58:13-18 (prior disputes and lawsuits); 58:19-24 (prior disputes and lawsuits); 59:10-18 (prior disputes and lawsuits); 59:21-60:7 (prior disputes and lawsuits); 61:6-8 (prior disputes and lawsuits); 61:21-23 (prior disputes and lawsuits); 62:10-17 (prior disputes and lawsuits); 63:3-6 (prior disputes and lawsuits); 64:6-24 (prior disputes and lawsuits); 66:5-18 (prior disputes and lawsuits); 66:19-25 (prior disputes and lawsuits); 79:15-17 (relevance); 106:17-107:4 (relevance); 130:9-16 (advice of counsel); 172:2-13 (outside scope of designation); 173:19-175:15, 177:2-5⁶ (copyright law MIL); 207:6-208:9 (profits MIL); 212:6-213:2 (profits MIL); 234:6235:3 (outside scope of designation); and 237:20-238:16 (outside scope of designation).

5 Doc. 291-1.

6 Line two only as to the words “that are in the public domain.”

B. Sustained to the following portions of the deposition from September 13, 2022:⁷ 13:3-15:18 (outside scope of designation).

7 Doc. 288-4.

C. Sustained to the following portions of the deposition from November 2, 2022:⁸ 9:7-13 (outside scope of designation); 20:12-23 (outside scope of designation); 21:7-10 (outside scope of designation); 21:12-22:6 (outside scope of designation); 22:11-12 (outside scope of designation); 50:6-25 (outside scope of designation); 54:11-18 (outside scope of designation); 54:2225 (outside scope of designation); 55:2-8 (outside scope of designation); and 55:9-11 (relevance).

8 Doc. 291-2.

5. As to Erik Hartvigson,⁹ objections are sustained to the following portions of the October 24, 2022 deposition: 43:4-10 (relevance); 44:645:8 (relevance); 55:18-56:24 (outside scope of designation); 78:4-6 (MIL 1); 84:14-89:16 (outside scope of designation); 97:2-8 (MIL 2); 97:16-19 (MIL 2); and 121:11-122:25 (outside scope of designation).

9 Doc. 288-8.

6. As to Maffey Meghan,¹⁰ objections are sustained to the following portions of the December 16, 2022 deposition: 11:13-13:12 (hearsay); 14:17-15:7, 15:15-21 (hearsay); 30:22-31:3 (relevance); and 32:2234:21 (outside scope of designation).

10 Doc. 288-9.

7. As to Michelle Young,¹¹ objections are sustained to the following portions of the September 13, 2022 deposition: 12:13-15:9 (outside scope of designation); 52:7-10 (speculative); 106:14-16, 106:19-22 (asked and answered); and 110:23-25 (outside scope of designation).

11 Doc. 291-3.