Lowin v. Board of Regents

Full title: ELISA LOWIN, Plaintiff, v. BOARD OF REGENTS, UNIVERSITY OF NEBRASKA, d/b/a…

Court: United States District Court, D. Nebraska

Date published: Feb 15, 2002

Case No. 8:00CV619 (D. Neb. Feb. 15, 2002)

Opinion

Case No. 8:00CV619

February 15, 2002

ORDER

LAURIE SMITH CAMP, United States District Judge.

This matter is before the Court on the following motions: 1) the Defendant Dr. Rodham Chesnutt's Motion in Limine Challenging the Admissibility of Testimony of Plaintiff's Expert Witness Under Rule 702, Federal Rules of Evidence (Filing No. 78); and 2) the Motion in Limine by Defendants Board of Regents and Dr. Lawrence Mallett (Filing No. 81). The Defendants seek an order prohibiting the Plaintiff, Elisa Lowin, from calling Dr. Terry A. Davis, M.D., J.D., as an expert witness or from offering Dr. Davis's deposition testimony at trial.

PROCEDURAL BACKGROUND

Lowin alleges various forms of discrimination under 42 U.S.C. § 1983, 1985, 1988 (2001) and 20 U.S.C. § 1681 (2001) resulting in physical and psychological harm caused by an alleged sexual relationship with the Defendant, Dr. Rodham Chesnutt, and resulting alleged acts of the Defendants. Lowin disclosed Dr. Davis as an expert witness, who performed a psychiatric evaluation of Lowin. DefendantsI have this office file. challenge Dr. Davis's methodology under Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and Kumho Tire Co., Ltd. v. Carmichael, 526 U.S. 137 (1999).

DISCUSSION

This Court will conduct a "Rule 104 hearing" before deciding the motions. See Fed.R.Evid. 104(a). By February 22, 2001 the attorneys must contact Edward Champion, Courtroom Deputy, tel. (402)-661-7377, to schedule the hearing. The parties must specify the amount of time required for the hearing. Briefs have been submitted. If the parties and the Court desire an additional briefing schedule, the submission of post-hearing briefs will be discussed at the conclusion of the Rule 104 hearing.

IT IS THEREFORE ORDERED:

1. The Defendant Dr. Rodham Chesnutt's Motion in Limine Challenging the Admissibility of Testimony of Plaintiff's Expert Witness Under Rule 702, Federal Rules of Evidence (Filing No. 78), and the Motion in Limine by Defendants Board of Regents and Dr. Lawrence Mallett (Filing No. 81) shall be scheduled for hearing pursuant to Federal Rule of Evidence 104.

2. By February 22, 2001 the attorneys must contact Edward Champion, Courtroom Deputy, tel. (402)-661-7377, to schedule the hearing. The parties must specify the amount of time required for the hearing.