Opinion
Civil Case No. 10-cv-00362-PAB-KLM
12-22-2011
BIG O TIRES, LLC, a Nevada limited liability company f/k/a BIG O TIRES, INC., a Colorado corporation, Plaintiff, v. FELIX BROS., INC., a California corporation, et al., Defendants.
Judge Philip A. Brimmer
ORDER
This matter is before the Court on the plaintiff's motion to exclude the testimony of Mr. Tad Kyle, defendants' proffered expert witness [Docket No. 129]. Defendants no longer intend to call Mr. Kyle as an expert during the trial scheduled to commence on January 9, 2012. See Docket No. 149; see also Docket No. 151 (Defendants' Amended Witness List). Therefore, it is
ORDERED that plaintiff's motion to exclude expert testimony [Docket No. 129] is denied without prejudice as moot.
BY THE COURT:
_____________________
PHILIP A. BRIMMER
United States District Judge