Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Park West Galleries, Inc. v. Global Fine Art Registry

April 1, 2010

PARK WEST GALLERIES, INC., PLAINTIFF,
v.
GLOBAL FINE ART REGISTRY, LLC, THERESA FRANKS, AND BRUCE HOCHMAN, DEFENDANTS.
PARK WEST GALLERIES, INC., PLAINTIFF,
v.
DAVID CHARLES PHILLIPS, DEFENDANT.



The opinion of the court was delivered by: Hon. Lawrence P. Zatkoff

OPINION AND ORDER

The parties have designated certain portions of the examination their counsel conducted with respect to the two-part deposition of Daniel David ("David") and intend to read certain portions of David's deposition into the record in this matter.

Before the Court addresses the substance of any objection, it notes that Fed.R.Civ.P. 32(d)(3)(B) provides:

Objection to an Error or Irregularity. An objection to an error or irregularity at an oral examination is waived if:

(i) it relates to the manner of taking the deposition, the form of a question or answer, the oath or affirmation, a party's conduct, or other matters that might have been corrected at the time; and

(ii) it is not timely made during the deposition.

All parties had legal representation being present (physically or telephonically) during David's deposition. With respect to some of the objections raised by the parties in recent filings with the Court, the Court notes that there was no objection raised by the parties at the David deposition itself. Accordingly, to the extent that a party did not raise an objection at the deposition itself, the Court overrules all such objections recently filed with the Court. The Court addresses each of the objections, in turn.

Defendant Hochman:

1. Page 22, lines 6-11, Incompetent, FRE 602. This objection is overruled.

2. Page 27, lines 10-25, Hearsay, FRE 801, FRE 802. This objection is overruled.

3. Page 28, lines 17-22, Hearsay, FRE 801, FRE 802 . This objection is overruled.

4. Page 37, lines 9-12, Incompetent, FRE 602. This objection is overruled.

5. Page 37, line 25, Hearsay, FRE 801, FRE 802. This objection is overruled.

6. Page 37, line 25, Hearsay, FRE 801, FRE 802. This objection is overruled.

7. Page 38, lines 1-14, Hearsay, FRE 801, FRE 802. This ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.