Adams, et al v. USA, No. 4:2003cv00049 - Document 1366 (D. Idaho 2009)

Court Description: MEMORANDUM DECISION AND ORDER Regarding Objections to Deposition of Thomas Steele re: 1310 filed by E.I. Du Pont de Nemours and Company, Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO ) TIMM ADAMS, et al., ) ) Plaintiffs, ) ) v. ) ) UNITED STATES OF AMERICA, ) et al., ) ) Defendants. ) ______________________________) Case No. CV-03-49-E-BLW MEMORANDUM DECISION AND ORDER REGARDING OBJECTIONS TO DEPOSITION OF THOMAS STEELE (Docket No. 1310) INTRODUCTION The Court has before it objections to deposition excerpts from the deposition of Thomas Steele. The Court rules on those objections below. ANALYSIS Thomas Steele is a former employee of Northwest Farm Credit Services and was involved in the agency s lending relationship with Plaintiff Jentzsch-Kearl ( JK ) Farms beginning sometime around 1990. Mr. Steele was personally involved in receiving information from JK Farms and processing the information for the bank to use in extending and maintaining operating loans to JK Farms. DuPont has set forth grounds and supporting documentation that Mr. Steele is unable to testify at trial person due to illness. The Court finds based on the information provided that Mr. Steele is excused from testifying at trial because of illness pursuant to Fed. R. Civ. P. 32(a)(4)(C). Accordingly, his video deposition may be played at trial in lieu of live testimony. Plaintiffs and the BLM made objections and counter-designations to DuPont s designations. The Court s rulings on these objections are set forth in the appended chart incorporated herein by reference. The Court notes that because of Mr. Steele s unavailability, the Court has applied a liberal reading of the foundation requirements for the admissibility of evidence under Fed. R. Evid., Rules 802(d)(2) and 803(6). The Court s approach is consistent with the mandate of Fed. R. Evid. 102, which states that the Rules: shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. The Court s rulings are attached, and need not be further addressed. ORDER In accordance with the Memorandum Decision filed above, NOW THEREFORE IT IS HEREBY ORDERED, that the objections to the Thomas Steele deposition be resolved as set forth in the attachment incorporated herein by reference. DATED: July 20, 2009 Honorable B. Lynn Winmill Chief U. S. District Judge

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