HomeMy WebLinkAbout2021-cv-2063-CNS-MEH - City Of Fort Collins V. Open International, Et Al. - 263 - Order Re Deposition Designations1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Charlotte N. Sweeney
Civil Action No. 1:21-cv-02063-CNS-SBP
CITY OF FORT COLLINS, a Colorado home rule municipality,
Plaintiff,
v.
OPEN INTERNATIONAL, LLC, a Florida limited liability company and
OPEN INVESTMENTS, LLC, a Florida limited liability company,
Defendants.
ORDER REGARDING DEPOSITION DESIGNATIONS AND OBJECTIONS
This matter comes before the Court on the Parties’ Joint Statement of Deposition Designations and
Objections (ECF No. 261).
The Court advises counsel of two preliminary matters: 1) deposition designations and objections
should begin with the question and end with the challenged answer. Do NOT separate out the question and
answer when making objections; and 2) objections and responses thereto shall be made in the same way as
they would be made in court—BRIEFLY. The objecting party shall cite the rule of evidence involved and
the offering party shall include a brief response as to why the testimony is admissible. Both parties grossly
violated the above in the Joint Statement. Should the parties fail to follow these two simple rules in the next
set of designations/objections, the offending parties’ respective designations and/or objections will be
stricken or overruled, as the Court deems necessary.
Case No. 1:21-cv-02063-CNS-SBP Document 263 filed 10/11/23 USDC Colorado pg 1 of 3
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1. Dwayne Bishop Deposition
All of Open’s objections are overruled. Mr. Bishop was an agent of Open’s during the project.
Moreover, there is no indication that he is “adverse” to Open so as to allow leading questions during Open’s
examination.
As to the City’s objections, the following objections are sustained. All others are overruled.
p.277, ll. 14-21
p.278, ll.16-24
p.279, l.13 – p.280, l.13
p.282, ll.6-19
p.282, l.19 – p.283, l.22
p.285, ll.15-22
p.287, l.24 – p.289, l.16
p.290, ll.8-19
p.293, l.19 – p.294, l.11
p.303, ll.11-16
p.310, l.11 – p.312, l.12.
p.313, ll.16-23
2. Edith Mercado Deposition
Open’s objections are overruled. Ms. Mercado was an agent of Open’s during the project.
Moreover, there is no indication that she is “adverse” to Open so as to allow leading questions during
Open’s examination. Finally, many of Ms. Mercado’s answers were non-responsive or an inappropriate
narrative.
As to the City’s objections, the following objections are sustained. All others are overruled.
p.242, ll.13-24
p.243, ll.8-12
p.249, ll.13-14 (the designation may start with first full sentence at line 14 and proceed through
page 250, l.22)
p.255, l.3 – p.257, l.9
p.257, l.21 – p.259, l.11
p.259, l.17 – p.260, l.16
p.262, l.21 – p.263, l.9
p.263, l.12 – p.264, l.20
p.268, l.11 – p.271, l.7
p.271, l.10 – p.274, l.7
p.275, l.18 – p.276, l.9
p.276, l.22 – p.277, l.11
p.283, ll.19-23
p.291, l.22 – p.293, l.5
Case No. 1:21-cv-02063-CNS-SBP Document 263 filed 10/11/23 USDC Colorado pg 2 of 3
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DATED this 11th day of October 2023.
BY THE COURT:
___________________________________
Charlotte N. Sweeney
United States District Judge
Case No. 1:21-cv-02063-CNS-SBP Document 263 filed 10/11/23 USDC Colorado pg 3 of 3