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- ilnd;;1:07-cv-04765_de403 RegisterActionDate "2015-04-14" @default.
- ilnd;;1:07-cv-04765_de403 RegisterActionDescriptionText "MINUTE entry before the Honorable Edmond E. Chang: On review of the briefing on defense's motion to bar marital-communications testimony 372 and limit subject of testimony, as well as a review of the deposition of Nicole Stankus, Pl.'s Exh. 115, the motion is granted. Plaintiff repeatedly invoked the marital-communications privilege during the deposition, and repeatedly instructed the witness not to answer questions to reveal those communications. Plaintiff's counsel even expressly agreed that this position would not change before trial. Dep. Tr. at 51. Plaintiff argues that Defendants have somehow waived the argument because the defense did not object to the assertion during discovery, but that has it backwards. Plaintiff made a strategic choice to invoke the privilege and limit discovery, and the defense was satisfied to extract the agreement that marital communications thus would be off limits to both sides. Accordingly, Stankus must be strictly limited to testimony based on observations only and not based on marital communications. With regard to subject matter, Stankus's testimony is not limited to emotional distress only. It is true that, at one point in the deposition, Plaintiff's counsel stated, when making an objection, that Stankus would testify to emotional distress damages, but questioning did continue to include non-damages lines of questioning, and the objection was not interposed again (at least not repeatedly, whereas the marital-communications objection was repeatedly made). Having said that, it is worth noting that most of Stankus's answers to non-damages questions stated a lack of knowledge, at least when premised on independent personal knowledge excluding marital communications. Emailed notice (Chang, Edmond) (Entered: 04/14/2015)" @default.
- ilnd;;1:07-cv-04765_de403 AdministrativeID "404" @default.
- ilnd;;1:07-cv-04765_de403 hasReferenceToOtherEntry ilnd;;1:07-cv-04765_de371 @default.