Free Objections - District Court of Delaware - Delaware

Case 1 :04-cv-0091 1-G|\/IS Document 99 Filed O1/24/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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4 Plaintiffs, Jury Trial Demandecl
DELAWARE RIVER AND BAY
AUTHORITY, and CRAIG SWETT, :
~ Defendants.
IAN KOPACZ, C.A. N0. 04-1281 GMS
Plaintiff]
v.
DELAWARE RIVER AND BAY
AUTHORITY, :
Defendant.
DRBA’S OBJECTIONS TO PLAINTIFF’S DEPOSITION DESIGNATIONS
Defendant Delaware River & Bay Authority (DRBA) objects to the reading of the
depositions of either Bonnie Miller or Craig Swett unless the witnesses are unavailable at trial.
Both Miller and Swett will testify live at trial, and therefore the reading of their depositions is
inappropriate.
In the event that the Court overrules the DRBA’s general objection, the DRBA objects in
particular to reading the following portions of the depositions of Bonnie Miller and Craig Swett:

Case 1:04-cv-OO911—G|\/IS Document 99 Filed O1/24/2006 Page 2 of 3
MILLER
Pp,. 25-26 Objection. References to insurance coverage for claims made in
this suit. DRBA has no objection to references to medical or
disability insurance which is provided as a benefit to employees,
but objects to any mention of P&I insurance which covers claims
such as those made by plaintiff
Pg. 29 Objection. Witness is being asked for a legal conclusion.
Pp. 53-55 Objection. Calls for speculation as to what another individual, Ed
Ledwon, was thinking.
Pp. 77-80 Objection. References to insurance agent, and insurance.
SWETT
A11 The testimony designated by plaintiff is not an admission against
Swett’s interest, but rather seems to be designed to establish
liability against the DRBA, and therefore it is inadmissible hearsay
unless Swett is unavailable at trial, in which case the entire
deposition must be admitted, subject to the objections made
therein.
Pp. 83-84 Objection. Improper cross—eXamination asking the witness to
verfiy the accuracy of a lengthy transcribed statement. DRBA
objected to the line of questioning at page 81 and 82, and to the
extent it is allowed, the witness’ caveat on page 81 and 82 must be
read as well.
ROSENTHAL, MONI—IAIT, GROSS
OF COUNSEL: & GODDESS, P.A.
Mary Elisa Reeves, Esquire /s/ Carmella P. Keener
DONNA ADELSBERGER Carmella P. Keener (DSBA No. 2810)
& ASSOCIATES, P.C. 919 N. Market Street, Suite 1401
6 Royal Avenue, P.O. Box 530 P. O. Box 1070
Glenside, PA 19038-0530 Wilmington, DE 19899-1070
(215) 576-8690 (302) 656-4433
Attorneys for Defendant
Delaware River and Bay Authority
2

Case 1:04-cv-OO911—G|\/IS Document 99 Filed O1/24/2006 Page 3 of 3
CERTIFICATE OF SERVICE
I hereby certify that on January 24, 2006 I electronically filed with the Clerk of Court
using ECF DRBA’s Objections to Plaintiffs Deposition Designations which will send
notification of such filing to the following:
Donald M. Ransom, Esquire
Casarino, Christman & Shalk, P.A.
800 N. King Street, Suite 200
P.O. Box 1276
Wilmington, DE 19899
James J. Woods, Esquire
Law Office of James J. Woods, Jr., P.A.
P.O. Box 4635
Greenville, DE 19807
/s/ Carmella P. Keener QDSBA No. 2810)
Rosenthal, Monhait, Gross & Goddess, P.A.
919 N. Market Street, Suite 1401
P.O. Box 1070
Wilmington, DE 19899-1070
(302) 656-4433
[email protected]
cc: Alfred Smith (via facsimile)