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Aiken Hospitality Group LLC v. HD Supply Facilities Maintenance Ltd.

United States District Court, D. South Carolina, Aiken Division

January 31, 2019

Aiken Hospitality Group, LLC, Plaintiff,
v.
HD Supply Facilities Maintenance, Ltd., Defendant.

          ORDER

         This matter is before the court to address Defendant's Deposition Designation Objections to the deposition testimony of Jennifer Swisher. (ECF No. 203 at 4.) Rule 32 of the Federal Rules of Civil Procedure allows “all or part of a deposition [][to] be used against a party” under certain specified conditions. See Fed. R. Civ. P. 32(a). “[T]he admission of deposition testimony [][i]s subject to the sound discretion of the trial court, which ‘has a perfect right to limit the use of the material if [the deposition] is repetitious or immaterial.'” Harvill Indus., Ltd. v. ADCOR Indus., Inc., No. 08-CV-448-GKF-PJC, 2009 WL 1227727, at *1 (N.D. Okla. May 1, 2009) (citation omitted). In this regard, the court rules on Defendant's specific objections to Plaintiff's deposition designations of Jennifer Swisher as follows:

Portion Designated by Plaintiff

Defendant's Objection

The Court's Ruling

6:2

Vague

Sustained

8:3-5

Irrelevant

Sustained

13:3-6

Combative, Irrelevant, Prejudicial

Sustained

15:8-20

Legalese in a Pleading

Sustained

20:20-21:15

Not within Witness' Knowledge

Sustained

21:20-22:9

Vague, Ambiguous

Sustained

25:20-23

Witness Testifies about Discovery Responses even though not the 30(b)(6)

Sustained

29:3-30:5

Irrelevant

Sustained

39:21-23

Speculation, Hearsay

Sustained

40:4-42:4

Asked and Answered (27)

Overruled

44:1-17

Jury Exposure to Pleading Legalese

Sustained

45:14-46:17

Speculative, Hearsay

Overruled

59:4-16

Speculative

Overruled

65:14-18

Hearsay

Overruled

75:4-15

Hearsay

Overruled

80:24-81:8

Jury Exposure to Pleading Legalese

Overruled

100:24-25

Vague

Sustained

123:25-124:5

Supposes Facts not in Evidence

Overruled

125:6-13

Hearsay

Overruled

125:16-22

Improper Law Witness Question

Overruled

         (ECF No. 203 at 4.)

         In order to streamline the presentation of evidence and avoid waste of time, the court expects that the parties will queue up their deposition designation testimony in accordance with this Order and all other applicable orders. The parties will not be allowed to present further objections regarding deposition designations during trial.

         IT ...


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