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Brenenstuhl v. Amica Mut. Ins. Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Sep 18, 2012
1:10-cv-1365 (N.D.N.Y. Sep. 18, 2012)

Opinion

1:10-cv-1365

09-18-2012

KRISTOPHER BRENENSTUHL et al., Plaintiffs, v. AMICA MUTUAL INSURANCE COMPANY, Defendant.


(GLS/CFH)


ORDER

Pending before the court is defendant Amica Mutual Insurance Company's motion to preclude plaintiffs Kristopher and Sarah Brenenstuhl's expert witnesses—Patrick Dugan and John Mulcahy—pursuant to Federal Rules of Evidence 702 and 403. (See Dkt. No. 28.) Amica contends that the opinions of Dugan and Mulcahy will not assist the trier of fact and are not based on sufficient facts or data, (see Dkt. 28, Attach. 6 at 3-6), and that Mulcahy fails to qualify as an expert by knowledge, skill, experience, training, or education, (see id. at 10-11). At this juncture, the court denies the motion, but notes that Amica is not foreclosed from renewing their challenge at an appropriate time. Because the dispositive motion and discovery deadlines have expired, the court deems this case trial ready and will issue a trial scheduling order in due course.

ACCORDINGLY, it is hereby

ORDERED that Amica's motion to preclude (Dkt. No. 28) is DENIED; and it is further

ORDERED that this case is deemed trial ready, and the court, in due course, shall issue a trial scheduling order; and it is further

ORDERED that the Clerk provide a copy of this Order to the parties.

IT IS SO ORDERED.

September 18, 2012
Albany, New York

______________

Gary L. Sharpe

Chief Judge

U.S. District Court


Summaries of

Brenenstuhl v. Amica Mut. Ins. Co.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Sep 18, 2012
1:10-cv-1365 (N.D.N.Y. Sep. 18, 2012)
Case details for

Brenenstuhl v. Amica Mut. Ins. Co.

Case Details

Full title:KRISTOPHER BRENENSTUHL et al., Plaintiffs, v. AMICA MUTUAL INSURANCE…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Sep 18, 2012

Citations

1:10-cv-1365 (N.D.N.Y. Sep. 18, 2012)