Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 B. v. Harlem Globetrotters International, Inc., an Arizona corporation; et al., Defendants. The parties have submitted trial deposition designations to the Court. This order will set forth the Court's rulings on objections to portions of those deposition designations. A. Peter Gallo. UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Meadowlark Lemon, a married man, Plaintiff, ORDER No. CV 04-0299 PHX DGC and CV 04-1023 PHX DGC

Defendants object to Mr. Gallo's testimony in its entirety, arguing that the testimony is irrelevant, misleading, and unduly prejudicial. The Court will be better equipped to rule on this objection during trial and, therefore, will not address it at this time. 1. 2. 3. 4. 5. Page 16, lines 9-16: Objection overruled. Page 31, lines 20-23: Overruled. Page 31, line 25 and page 32, line 1: Overruled. Page 32, lines 22-25: Overruled. Page 33, lines 9-12: Overruled.

Theodore P. Nikolis. 1. Page 15, lines 6-10: Overruled.

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2. 3. 4. 5. 6.

Page 18, lines 4-5: Overruled. Page 27, line 23: Overruled. Page 33, lines 16-18: Overruled. Page 36, line 5: Overruled. Page 36, lines 20-23: Objection sustained. The answers at page 36, lines

24-25 and page 37, lines 1-24 shall not be included in the videotape. 7. Page 52, lines 17-25 and page 53, lines 1-14: Sustained. These

questions and answers shall not be included in the videotape. 8. Page 56, lines 16-23: Sustained. These portions of the deposition shall

not be included in the videotape. 9. Page 58, lines 13-25 and page 59, lines 1-17: Sustained. These portions

of the deposition shall not be included in the videotape. C. Paul J. Horton. 1. 2. 3. 4. 5. 6. Page 18, line 9: Overruled. Page 25, lines 7-8: Overruled. Page 25, line 22: Overruled. Page 26, lines 4-5: Overruled. Page 27, line 23: Overruled. Page 30, lines 11-22: Sustained. These portions of the deposition shall

not be included in the videotape. 7. 8. 9. Page 32, lines 21-23: Overruled. Page 36, lines 10-25 and page 37, lines 1-14: Overruled. Page 39, lines 6-12: Sustained. These portions of the deposition shall

not be included in the videotape. 10. Page 39, lines 13-19: Overruled.

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11. 12. 13.

Page 40, line 8: Overruled. Page 40, lines 18-19: Overruled. Page 52, lines 21-22: Overruled. Form objections are waived if not

asserted during the deposition. 14. 15. Page 53, lines 4-5: Overruled. Page 54, lines 23-25: Overruled. Form objections are waived if not

asserted during the deposition. 16. 17. Page 58, lines 5-22: Overruled. Page 63, lines 5-9: Sustained. This portion of the deposition shall not

be included in the videotape. 18. 19. Page 63, lines 12-23: Overruled. Page 69, line 9: Overruled.

Lou Dunbar.

The transcript submitted by the parties for Lou Dunbar is very poor quality. The Court has difficulty reading some portions of the transcript. In addition, the parties have submitted literally dozens of relevancy objections. The Court cannot rule on these objections without a better understanding of the issues at trial and, therefore, will not address them at this time. The party proposing to submit the deposition of Mr. Dunbar should raise that issue with the Court during trial. If time allows, the Court may be able to rule on relevancy objections so as to permit the parties to prepare a videotape during the one-week break in the trial. If not, admissible portions of Mr. Dunbar's deposition will be read to the jury. DATED this 11th day of January, 2007.

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