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In re Methyl Tertiary Butyl Ether Products Liability Litigation

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


August 21, 2009

IN RE: METHYL TERTIARY BUTYL ETHER ("MTBE") PRODUCTS LIABILITY LITIGATION
THIS DOCUMENT PERTAINS TO: CITY OF NEW YORK
v.
AMERADA HESS, ET AL.,

The opinion of the court was delivered by: Pitman, United States Magistrate Judge

MDL 1358 (SAS)

The following constitutes my rulings on the objections, other than relevance, to the excerpts of the deposition testimony of Steven R. Berlin, David R. Hayward, Eugene R. Mancini, James A. Mixter, Paul Naro, Barbara Price, Bob Simonson, M.W. Sprigg, Gary A. Stumpf and Ben Thomas designated by the parties to be offered in this matter. All relevance objections will be resolved by Judge Scheindlin at trial. Defendants' Joint Motion in Limine to Preclude Plaintiff from Introducing Evidence or Argument (1) Relating to Non-Parties against Defendants; or (2) Relating Only to One Defendants against Multiple Defendants raises a relevance objection, and, therefore, will be addressed by Judge Scheindlin at trial.

This Order constitutes my rulings on all objections asserted in response to the designated testimony, regardless of whether an objection is referenced in the explanations provided. Berlin, Steven R. 01-31-07 Session 11:23 - 12:3 Overruled. 78:19 - 79:18 Overruled. 225:24 - 226:06 Overruled. 229:2-10 Overruled except for relevance objection which is reserved for Judge Scheindlin. 272:19 - 273:05 Reserved for Judge Scheindlin. 273:06-15 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 281:19 - 282:13 Sustained as to 281:23 - 282:3; counsel cannot testify. Objection to the balance of the testimony overruled except to the relevance objection which is reserved for Judge Scheindlin. 297:7-10 Sustained as to 297:7-10; counsel cannot testify. Objection to the balance of the testimony overruled except to the relevance objection which is reserved for Judge Scheindlin. 02-02-07 Session 631:24 - 632:13 Sustained as to 632:1-05; counsel cannot testify. Objection to the balance of the testimony overruled except to the relevance objection which is reserved for Judge Scheindlin.

Hayward, David R. 08-28-07 Session 32:16 - 33:02 Sustained. 52:01-10 Sustained. 58:04-13 Sustained. 65:01-10 Sustained. 70:12-16 Sustained. 76:02-12 Overruled. 95:10-15 Sustained. 110:10-18 Reserved for Judge Scheindlin. 111:21-24 Reserved for Judge Scheindlin. 112:05-10 Sustained. 112:11-16 Sustained. 113:10-14 Sustained. 148:10-22 Sustained. 151:24 Sustained.

Mancini, Eugene R. 06-28-00 Session

14:9 - 16:15 Overruled. 17:1-8 Overruled. 18:12 - 19:11 Overruled. 20:4-21 Sustained. 21:12-24 Sustained.

55:08-14 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value.

56:14-25 Overruled except for relevance objection which is reserved for Judge Scheindlin.

57:08-22 Overruled except for relevance objection which is reserved for Judge Scheindlin.

67:04-16 Overruled. 68:1-5 Overruled. 80:13-21 Sustained. 83:9-20 Overruled. 83:22 - 84:17 Overruled. 88:7-15 Reserved for Judge Scheindlin. 97:17 - 98:6 Overruled except for relevance objection which is reserved for Judge Scheindlin. 99:08 - 99:19 Overruled. 99:20 - 100:25 Overruled. 101:17 - 103:10 Sustained. 103:12 - 103:21 Overruled. 108:17-23 Sustained. 121:10-15 Overruled. 121:17 - 122:16 Overruled. 123:1-7 Sustained. 132:17-133:5 Overruled. 134:18-25 Sustained. 137:9-21 Overruled.

165:8 155:4 Overruled as 165:8-12; sustained as to the balance of the designated testimony.

184:6-17 Sustained. 03-20-01 Session

20:15 - 21:03 Sustained. 32:21 - 33:03 Sustained. 33:4-14 Reserved for Judge Scheindlin. 48:21 - 49:14 Sustained. 118:05 - 119-20 Sustained; counsel is attempting to testify. 119:21 - 120:21 Overruled. 10-25-01 Session (Trial Transcript) 2289:27 - 2291:4 Overruled. 2305:9-20 Overruled. 2307:2-18 Overruled. 2315:1 - 2316:11 Sustained; counsel is merely reading a document and asking the witness to affirm that counsel's reading is accurate. This is not intended as a ruling on the admissibility of the document. 2320:24 - 2321:7 Overruled. 06-30-09 Session

209:12 - 210:15 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value.

213:04-10 Sustained. 214:7018 Overruled. 219:10-19 Overruled.

220:3-21 Sustained. This is not intended as a ruling on the admissibility of the document.

225:10 - 226:7 Overruled except sustained as to counsel's colloquy.

226:8-17 Overruled except sustained as to counsel's colloquy.

226:19-22 Overruled except sustained as to counsel's colloquy.

246:24 - 247:7 Overruled. 247:16 - 248:17 Overruled except sustained as to counsel's colloquy. 282:10-22 Overruled except sustained as to counsel's colloquy. 282:24 - 283:10 Overruled. 310:23 - 311:19 Overruled.

Mixter, James A. 09-21-00 Session

21:1-12 Overruled. 43:2-12 Plaintiff's objection sustained as to everything after "correct" in line 2. 52:19 - 53:21 Sustained. 65:22 - 66:4 Sustained.

Naro, Paul 08-09-00 Session

23:11 - 24:10 Sustained. 25:2-6 Overruled. 26:11-20 Sustained. 27:3 - 28:8 Sustained except as to 28:5-8.

29:6-9 Sustained. 30:6-8 Sustained. 30:9-12 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 30:13-15 Sustained. 30:16-19 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 30:20-22 Sustained. 34:18-23 Overruled. 40:25 - 41:11 Sustained. 42:1-5 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 42:6-8 Sustained. 49:14-17 Overruled. 49:18-22 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 49:23 - 50:4 Sustained.

Price, Barbara 08-09-06 Session

63:16 - 64:5 Overruled. 66:22 - 67:10 Overruled. 69:17-19 Sustained. 71:17 - 72:8 Overruled. 106:22 - 107:17 Sustained.

108:12 - 109:12 Overruled. 126:1-8 Reserved for Judge Scheindlin. 140:24 - 141:19 Overruled; relevance objection reserved for

Judge Scheindlin. 159:15 - 160:15 Overruled; relevance objection reserved for

Judge Scheindlin. 185:14 - 186:5 Overruled; relevance objection reserved for

Judge Scheindlin. 195:6-15 Overruled; relevance objection reserved for

Judge Scheindlin. 195:16 - 196:6 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 196:7 - 196:18 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 213:14 - 214:6 Overruled. 233:12 - 233:18 Overruled; relevance objection reserved for

Judge Scheindlin. 236:3-21 Overruled. 279:1-11 Overruled. 279:12-17 Sustained. Simonson, Bob 07-22-99 Session

7:22 - 8:4 Sustained.

Sprigg, M.W. 11-17-00 Session

45:18-25 Overruled.

36:01-16 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value.

51:12 - 52:01 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value.

59:10 - 59:25 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value.

67:24 - 68:06 Overruled. 72:05 - 73:01 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 73:12 - 73:22 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value.

73:23 - 75:13 Sustained. 75:14 - 75:21 Sustained. Stumpf, Gary A. 03-22-07 Session

50:15-19 Overruled. 51:20 - 52:05 Overruled. 53:13-17 Overruled. 53:24 - 54:02 Overruled. 105:24 - 106:16 Overruled. 110:23 - 111:2 Overruled. 113:05 - 113:12 Overruled. 119:14 - 120:03 Overruled. 120:05-12 Overruled.

120:17-24 Sustained. 121:05-12 Sustained. 122:01-07 Overruled. 122:09-13 Overruled. 124:17-21 Overruled. 125:21 - 126:02 Overruled. 126:08-24 Overruled. 129:17 - 130:09 Overruled. 130:10-15 Overruled. 131:09-16 Overruled. 134:10-16 Overruled. 34:18-23 Overruled. 138:01-16 Overruled. 138:19-22 Overruled. 139:20 - 140:05 Overruled. Thomas, Ben 11-15-00 Session

22:23 - 23:9 Overruled except for relevance objection which is reserved for Judge Scheindlin.

23:22-24 Overruled. 56:8-14 Sustained 56:21 - 59:16 Overruled. 62:18-21 Overruled. 70:11 - 71:8 Overruled. 74:4 - 75:18 Overruled.

78:4-13 Overruled. 79:14 - 80:8 Overruled. 92:8-15 Overruled. 113:1-8 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 113:21 - 114:7 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value. 117:21 - 119:1 Sustained as to 117:21 - 118:3; asking the witness to acknowledge that certain words are set forth in a document has no probative value. Objection to the remaining testimony overruled. 128:20 - 129:19 Sustained as to 128:20-24 and 129:8-19; asking the witness to acknowledge that certain words are set forth in a document has no probative value. Objection to the remaining testimony overruled. 10-09-01 Session

1082:27 - 1083:10 Overruled. 1086:15-19 Overruled. 1086:20-21 Overruled. 1090:25 - 1091:2 Overruled. 10-10-01 Session

1139:4-10 Overruled. 1158:4 - 1159:3 Sustained as to 1158:4-21 and 1158:27 - 1159:3; asking the witness to acknowledge that certain words are set forth in a document has no probative value. Objection to the remaining testimony overruled.

165:20 - 1165:23 Sustained; asking the witness to acknowledge that certain words are set forth in a document has no probative value.

SO ORDERED.

20090821

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