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Aiken Hospitality Group, LLC v. Hd Supply Facilities Maintenance, Ltd.

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

February 1, 2019

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

          ORDER

         This matter is before the court to address Plaintiff's Objections to Defendant's Exhibits. (ECF No. 202-1 at 2-9.) “As a general matter, . . . the Federal Rules of Evidence, and not state law, govern the admissibility of evidence in diversity actions in the Federal courts.” Brown v. Ford Motor Co., 10 Fed.Appx. 39, 47 (4th Cir. 2001) (citing Scott v. Sears, Roebuck & Co., 789 F.2d 1052, 1054 (4th Cir. 1986)). Under Rule 402 of the Federal Rules of Evidence, relevant evidence is generally admissible at trial. “Evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action.” Fed.R.Evid. 401. In consideration of the foregoing, the court makes the following preliminary rulings on Plaintiff's specific objections to Defendant's Exhibits:

Exhibit Designated by Defendant

Plaintiff's Objection

The Court's Ruling

3

Irrelevant, Lacks Foundation

Held in Abeyance

4

Irrelevant, Lacks Foundation

Held in Abeyance

5

Lacks Foundation, Hearsay, No Probative Value

Held in Abeyance

7

Lacks Foundation, Hearsay, No Probative Value

Overruled

10

Irrelevant

Held in Abeyance

13

Hearsay

Overruled (same as 7)

14

Irrelevant

Overruled

15

Irrelevant

Overruled

17

Irrelevant

Overruled

18

Irrelevant

Overruled

19

Irrelevant

Overruled

20

Irrelevant

Sustained

21

Irrelevant

Held in Abeyance

25

Irrelevant, Lacks Foundation, Lacks Authentication

Sustained

27

Irrelevant

Sustained

31

Irrelevant, Lacks Authentication

Sustained

32

Irrelevant

Sustained

33

Irrelevant

Sustained

35

Hearsay

Held in Abeyance

36

Irrelevant, Lacks Authentication

Sustained

37

Irrelevant

Sustained

38

Irrelevant

Sustained

39

Irrelevant

Sustained

40

Irrelevant

Sustained

44

Hearsay

Held in Abeyance

46

Hearsay

Held in Abeyance

47

Hearsay, Lacks Authentication

Held in Abeyance

49

Hearsay, Lacks Authentication

Held in Abeyance

50

Irrelevant

Overruled

53

Irrelevant

Sustained

62

Irrelevant

Held in Abeyance

63

Irrelevant

Held in Abeyance

66

Hearsay, Lacks Authentication, Lacks Foundation

Held in Abeyance

67

Hearsay, Lacks Authentication, Lacks Foundation

Held in Abeyance

70

Irrelevant

Overruled

71

Irrelevant

Held in Abeyance

72

Irrelevant

Held in Abeyance

73

Irrelevant

Overruled

74

Irrelevant

Overruled

75

Lacks Authentication, Hearsay, Lacks Foundation

Withdrawn

77

Lacks Authentication, Hearsay, Lacks Foundation

Held in Abeyance

78

Irrelevant

Overruled

86

Hearsay, Prejudicial

Held in Abeyance

92

Irrelevant

Held in Abeyance

93

Hearsay, Lacks Foundation, Lacks Authentication

Held in Abeyance

         (ECF No. 202-1 at 2-9.)

         In order to streamline the presentation of evidence and avoid waste of time, the court expects that Defendant will queue up their Exhibits in accordance with this Order and all other applicable orders. The parties will be allowed to present further arguments regarding Exhibits during trial.

         IT ...


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