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Orgler Homes, Inc. v. Chicago Regional Council of Carpenters

March 3, 2008

ORGLER HOMES, INC. AND DAVID ORGLER, PLAINTIFFS,
v.
CHICAGO REGIONAL COUNCIL OF CARPENTERS, UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA AND LOCAL UNION NO. 2087 OF THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge P. Michael Mahoney

MEMORANDUM OPINION AND ORDER

Plaintiff, David Orgler, was deposed on September 17, 2007. During Mr. Orgler's deposition, the following exchange took place:

Defense counsel: Since May 24, 2006, has the Union picketed and distributed leaflets naming Orgler Homes and David Orgler stating, "On Strike Against Orgler Homes?"

Plaintiff's counsel: Objection. It calls for a legal conclusion. . . . .

Defense counsel: I am asking him a factual question. Since May 24, 2006, has the Union put handbills or picket signs outside that said, "On Strike Against Orgler Homes?"

Plaintiff's counsel: That calls for a legal conclusion because the word "on strike" is a legal term. . . .

Defense counsel: I will ask it again.

Plaintiff's counsel: If you ask it one more time, I will instruct him not to answer it. Defense counsel: That is tantamount to telling your witness not to answer the question. It is a simple question that has not been answered.

Plaintiff's counsel: It has been.

Defense counsel: Mr. Orgler, you can't tell me a specific instance after May 24th, 2006, where the union held up a picket sign or distributed handbills that said, 'On strike against Orgler Homes;' isn't that true?

Plaintiff's counsel: We have denied that that is true.

Defense counsel: The question is pending. Please don't answer the question.

Mr. Orgler: Can I answer it?

Plaintiff's counsel: You can ...


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