IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02369-PAB-KMT

LARRY SIPES,

Plaintiff,

v.

ALLSTATE INDEMNITY COMPANY, an Illinois corporation,

Defendant.

_____________________________________________________________________

ORDER REGARDING THE PARTIES’ OBJECTIONS TO 

DESIGNATIONS OF DEPOSITION TESTIMONY 

_____________________________________________________________________

This matter comes before the court on defendant’s Objections to Plaintiff’s Initial

Designations of Deposition Testimony of Lori Kidwell [Docket No. 190] and plaintiff’s

Objections to Defendant’s Counter Designation of Deposition Testimony of Lori Kidwell

[Docket No. 192]. 

The Court rules as follows on defendant’s objections [Docket No. 190]:

Item # Testimony Objection Ruling

1 29:21-30:11 Form; vague Overruled.

2 44:9-45:4 Form; misleading;

mischaracterizes

applicable standards

regarding Allstate’s

purported duty to

“establish” that the fire

was incendiary

Overruled.

3 45:16-47:16 Refers to an exhibit that

is not on plaintiff’s

Exhibit List; lack of

relevance

Overruled.

Case 1:11-cv-02369-PAB-KMT Document 198 Filed 10/30/13 USDC Colorado Page 1 of 4
Item # Testimony Objection Ruling

2

4 56:1-9 Form; calls for

speculation

Overruled.

5 56:22-57:4 Form; calls for legal

conclusion; vague

Overruled.

6 57:9-17 Form; assumes facts

not in evidence; lack of

foundation; lack of

relevance

Overruled. Fed. R. Civ. P.

32(d)(3)(B)(ii).

7 63:9-64:7 Lack of foundation; lack

of relevance; hearsay;

improper impeachment

Overruled. As to 63:9-64:3,

Fed. R. Civ. P. 32(d)(3)(B)(ii). 

As to 63:9-64:7 (and 64:9),

the witness has foundation

and the questions are

relevant.

8 66:14-20 Form; mischaracterizes

the evidence

Overruled.

9 70:14-22 Form; misleading;

mischaracterizes

applicable standards

regarding Allstate’s

purported duty to

“establish” that the fire

was incendiary or

caused by plaintiff

Overruled.

10 71:16-72:1 Form; calls for

speculation; asked and

answered

Objection is moot. Plaintiff

has withdrawn the

designation for 71:6-71:2.

11 74:19-24 No answer designated;

question rephrased and

withdrawn; vague

Objection is moot. Plaintiff

has withdrawn the

designation of this testimony.

12 75:20-78-20 Lack of foundation;

assumes facts not in

evidence as to Allstate’s

purported standards,

mischaracterizes prior

transcript

Overruled.

Case 1:11-cv-02369-PAB-KMT Document 198 Filed 10/30/13 USDC Colorado Page 2 of 4
Item # Testimony Objection Ruling

3

13 85:8-10 No question designated;

vague

Overruled.

14 86:23-87:17 Form; vague Overruled.

15 88:12-20 Form; vague Overruled.

16 89:17-25 Asked; answered Overruled.

17 101:9-18 Asked; answered Overruled.

18 105:14-22 Inadmissible based on

court order (polygraph

evidence)

Sustained.

19 115:15-24 Question withdrawn;

vague

Moot. Plaintiff withdraws the

designation.

20 117:5-9 Form; vague; lack of

relevance

Moot. Plaintiff withdraws the

designation of 117:5-11.

21 117:15-118:22 Lack of foundation; calls

for speculation; F.R.E.

403

Overruled as to 117:15-22. 

Sustained as to 117:23-

118:22; lack of foundation;

speculation.

22 118:23-120:13 Lack of relevance;

F.R.E. 403

Sustained.

23 122:24-123:9 Lack of relevance;

F.R.E. 403 and 408

Sustained.

The Court rules as follows on plaintiff’s objections [Docket No. 192]:

Item # Testimony Objection Ruling

1 121:18-20 Leading; F.R.E. 611(c) Overruled.

Case 1:11-cv-02369-PAB-KMT Document 198 Filed 10/30/13 USDC Colorado Page 3 of 4
Item # Testimony Objection Ruling

4

2 121:24-122:2 Leading, F.R.E. 611(c);

opinion testimony that is

not helpful, the jury can

readily draw the

necessary inferences

and conclusions as to

the reasonableness of

Allstate’s conduct

without Ms. Kidwell’s

personal opinion, F.R.E.

701; the opinion is

misleading as it is a selfserving statement by

Ms. Kidwell concerning

her conduct, F.R.E. 403

Overruled.

DATED October 30, 2013.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

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