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Grant Street Group, Inc v. Realauctions.Com

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


December 28, 2012

GRANT STREET GROUP, INC., PLAINTIFF,
v.
REALAUCTIONS.COM, LLC, DEFENDANT.

The opinion of the court was delivered by: Ambrose, Senior District Judge

ORDER OF COURT

The parties have filed excessively extensive Objections to deposition designations, counter designations and trial exhibits. (ECF Nos. 454-456, 463). Based on my review of the same, I find as follows:

1. Unless otherwise noted below, all objections based on form, foundation, argumentative, speculation, confusion, repetition, compound, duplicative, incomplete document, vagueness/ambiguousness, no predicate for refreshing recollection, or assuming facts not in evidence are denied without prejudice as premature as these can be cured at trial.

2. Unless otherwise noted below, all objections based on "prejudice" or "fairness" are denied. The standard requires that the moving party show the evidence should be excluded because its probative value is "substantially outweighed by a danger of..unfair prejudice." F.R.E 403. Unfair prejudice means an undue tendency to suggest decision on an improper basis. The sum total of the movant's argument is the word "prejudicial" or "fairness" and thus, the movant has failed to provide any grounds for meaningful assessment of the objection.

3. Unless otherwise noted below, all objections based on relevance are denied, without prejudice, as premature.

4. Unless otherwise noted below, all objections as to exhibits that a party suggests that it "may offer" but is not sure it will offer are denied, without prejudice, as premature.

5. Unless otherwise noted below, all objections as to mischaracterizations based on prior testimony or improper characterization of exhibit are denied as parties may counter designate.

6. Unless otherwise noted below, for rulings on all objections based on a Motion in Limine, please refer to the ruling on that Motion in Limine for the ruling on the objection.

7. As to the remainder of the objections, I rule as follows:

Grant Street Group's Objections to Deposition Designation (ECF No. 454) Witness Objection / Pages Ruling David Dering, Robert O'Neill, Jeffery Harris, Daniel J. Veres, General Objection to unavailability Denied, see FRCP 32(a)(3) and FRE 801(d)(2)(D) Robert O'Neill Robert Panoff All Objections as to Grant Street's Motion in Limine #6 re: Inequitable Conduct Granted to the extent said testimony relates the Motion in Limine #6, which was granted on September 25, 2012 prohibiting certain testimony, argument, suggestions or evidence relating to inequitable conduct Danie Veres 98:16-18 (legal conclusion) 99: 5-7 (legal conclusion) As to legal conclusion, granted. James Griffith General Objection based on reasons set forth in Grant Street's Motion in Limine #1 re: testimony and Evidence regarding eBay Hearsay Objections Denied, see Order denying Motion in Limine #1. Denied, see Order denying Motion in Limine #1. Ian Yorty 83-84 94: 9-10 94:15-95:9 Designations withdrawn Donald O'Neill All Objections relating to Motion in Limine re: Issue Preclusion Granted in part and denied in part as is consistent with my ruling on Motion in Limine regarding issue preclusion at ECF No. 483 Grant Street's Objections to Defendant's Trial Exhibits (ECF No. 455) Ex. No. Objection Ruling D16 Hearsay, as to cover letter Denied for reason stated D38 Hearsay Denied without prejudice to be reasserted at time of trial if and when the exhibit is used. The objection and response are so cryptic that the court is unable to make a ruling at this time as to whether the statements fall under FRE 801(d)(2) and/or 803(6). D39 Hearsay Denied without prejudice to be reasserted at time of trial if and when the exhibit is used. The objection and response are so cryptic that the court is unable to make a ruling at this time as to whether the statements fall under FRE 801(d)(2) and/or 803(6). D45 Hearsay, as to email from J. Taylor Granted to the extent J. Taylor will not be testifying at trial. D52 Hearsay Denied based on FRE 803(17) D62 Hearsay Denied based on FRE 803(6) D90 Hearsay Denied, not offered for truth but offered for limited purpose of showing the communication took place D95 Hearsay Denied based on FRE 803(18) D96 Hearsay Denied based on 803(6). Additionally, not offered for truth just date D97 Hearsay Denied based on 803(6), not offered for truth but rather to show date D98 Hearsay Denied based on 803(6) D99 Hearsay Denied based on 803(6) D100 Hearsay Denied based on 803(6) D101 Hearsay Denied based on 803(6) D102 Hearsay Denied based on 803(6) D113 Hearsay Denied based on 803(6). Additionally, not offered for truth. D114 Hearsay Denied based on 803(6). Additionally, not offered for truth. D115 Hearsay Denied based on 803(6). Additionally, not offered for truth. D116 Hearsay Denied based on 803(6). Additionally, not offered for truth. D117 Hearsay Denied based on 803(6). Additionally, not offered for truth. D158 Hearsay Denied based on 803(6). D159 Hearsay Denied based on 803(6). D160 Hearsay Denied based on 803(6). D161 Hearsay Denied based on 803(6). D162 Hearsay Denied based on 803(6). D165 Hearsay Denied D166 Hearsay Denied D173 Hearsay Denied without prejudice D189 Hearsay Denied based on 803(6) D190 Hearsay Denied based on 803(6) D191 Hearsay Denied based on 803(6) D200 Hearsay Denied based on 803(18) D204 Hearsay (video) Denied without prejudice D230 Hearsay Denied D241 Hearsay Denied D260 Hearsay Denied D263 Hearsay Denied

Realauctions's Objections to Deposition Designation (ECF No. 456-1) Witness Objection Pages Ruling David Epner 19:17-20:23 (hearsay) 45:18-46:7 (legal conclusion) 46:10-17 (legal conclusion) 46:18-19; 22-25 -- 47:1-4) (legal conclusion) 65:9-66:9 (hearsay) 80:14-81:1 (legal conclusion) Granted; witness can rephrase Denied Denied Granted Denied Denied Kenneth Dale Farmer, Jr. 59:20-23 (hearsay) 126:17-26 140:2-3 (hearsay) 140:15-18 (misstates content) 141:19-22 (hearsay) Denied; doesn't match with a statement or a question calling for hearsay Designations withdrawn Denied Denied Denied Alexander Lizano 5:23-7:9 (delay) 8:5-21 (delay) 94:13-96:19 (fairness) Denied Denied Denied Doug McClendon 37:14-38:16 (hearsay) 89:12-91:12 (hearsay) 107:6-108:8 (legal conclusion) 108:20-109:5 (legal conclusion) Denied Denied Denied Denied Craig McIntyre 54:15-55:16 (legal conclusion) 55:25-57:11 (legal conclusion) 57:14-20 (legal conclusion) 57:23-58:18 (legal conclusion) 65:7-66:13 (legal conclusion) 66:16-67:18 (legal conclusion) 67:22-68:3 (legal conclusion) 71:3-73:5 (hearsay) 73:22-74:13 (hearsay) 82:12-25 (hearsay) 83:3-84:7 (hearsay) 84:10-23 (hearsay) 100:3-13 (hearsay) 117:8-23 (legal conclusion) Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Eric Benson 100:8-19 (legal conclusion) 129:11-16 (hearsay) Denied Denied Ronald E. Rubin 11:11-12, 14 (hearsay) 13:18-15:11 (hearsay) 49:19-52:15 (hearsay) Denied Denied Denied 65:17-18 (hearsay) 65:23-67:7 (hearsay) 80:5-18 (hearsay) 81:17-82:11 (hearsay) 87:5-7 (hearsay) 91:10-12 (hearsay) 91:19-92:4 (hearsay) 92:17-93:7 (hearsay) 103:19-22 (hearsay) 107:19-108:11 (hearsay) Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Marc Thomashaw 6-28-11 24:19-25:8 (hearsay) 27:8-22 (hearsay) 41:10-13 (hearsay) 152:7-153:7 (hearsay) 192:5-13 (hearsay) Denied Denied Denied Denied Denied Marc Thomashaw 10-18-11 40:5-43:10 (hearsay) 46:11-48:14(hearsay) 48:21-49:2 (hearsay) 49:10-51:6 (hearsay) 51:10-55:10 (hearsay) 56:4-24 (hearsay) 58:19-20 (hearsay) 62:13-65:21 (hearsay) 72:3-75:16 (hearsay) 75:22-25 (hearsay) 76:5 (hearsay) 76:8-83:6 (hearsay) 92:2-18 (hearsay) 98:13-99:6 (hearsay) 99:9-19 (hearsay) 117:2-118:5 (hearsay) 125:2-127:25 (hearsay) 130:5-133:22 (hearsay) 134:5-136:14 (hearsay) 136:17-137:1 (hearsay) 140:14-148:21 (hearsay) 158:12-159:2 (hearsay) 159:4-25 (hearsay) 161:5-11 (hearsay) 161:14-162:21 (hearsay) 162:24-163:4 (hearsay) 163:7-18 (hearsay) 163:25-164:1 (hearsay) 164:18-166:17 (hearsay) 166:20-168:10 (hearsay) 168:13-169:4 (hearsay) Granted as to 43:7-10, otherwise denied Granted as to 47:22-48:1, 13-14, otherwise denied Denied Granted as to 49:17-21, 50:10-22, otherwise denied Granted as to 53:4-13, 18-24, otherwise denied Denied Denied Granted as to 64:1-11, 24-25; 65:8-13, 19-21, otherwise denied Denied Denied Denied Granted as to 76:14-19, 77:4-19; 78:17-21; 79:1-4, otherwise denied Denied Denied Granted as to 99:15-17, otherwise denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied 175:2-4 (hearsay) 175:7-13 (hearsay) 176:16-182:6 (hearsay) 182:9-184:1 (hearsay) 184:4-189:4 (hearsay) 189:7-192:21(hearsay) 194:7-196:23 (hearsay) 197:1-198:4 (hearsay) 205:4-206:10 (hearsay) 206:13-24 (hearsay) 230:15-232:1 (hearsay) Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Denied Realauctions's Objections to Grant Street's Exhibit List (ECF No. 456-2) Ex. No. Ruling on Hearsay Objections 3 Denied 4 Denied 5 Denied without prejudice 24 Denied 25 Denied 27 Denied 30 Denied 31 Denied 32 Denied 35 Denied 36 Denied 37 Denied 38 Denied 39 Denied 40 Denied 41 Denied 46 Denied 48 Denied 49 Denied, without prejudice 54 Denied, without prejudice 58 Denied, without prejudice 61 Denied 62 Denied 64 Granted except pages or excerpts that are actually statements of an opposing party. Objection as to those pages or excerpts are denied. 65 Denied 66 Denied 71 Denied 73 Denied without prejudice 76 Denied 78 Granted 93 Denied without prejudice 95 Denied 97 Denied 115 Denied without prejudice 117 Denied 118 Denied 121 Denied 128 Denied 143 Granted 168 Granted 173 Granted 174 Granted 175 Granted Realauctions's Objections to Counter Deposition Designation (ECF No. 463) *fn1 Witness Hearsay Objections Ruling David Dering 35:13-36:5 71:22--73:3 Granted Granted Robert O'Neill 20:22-22:10 Granted as to 21:16-22:2; Denied as to all other portions David Landes 7/27/11 57:8-60:13 62:15-69:12 69:15-72:20 Denied Denied Denied David Landes 11/15/02 81:9-82:1 Denied David Landes 10/2/06 35:6-41:7 42:1-49:25 Denied Denied Jeffery Harris 121:20-121:25 Granted Robert Panoff 63:8-67-18 Denied

BY THE COURT:

Donetta W. Ambrose United States Senior District Judge


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