Opinion
Civil Action 22-48-KSM
08-01-2024
WILLIAM NORMAN BROOKS, III, Plaintiff, v. TRANS UNION LLC, Defendant.
ORDER
KAREN SPENCER MARSTON, J.
AND NOW, this 1st day of August 2024, upon consideration of Plaintiff's Motion to Strike Certain Documents and to Preclude Expert Report and Testimony of Corinne Wodzinski (Doc. No. 56) (“Motion to Strike”) and all responses thereto, for the reasons set out in the accompanying Memorandum, it is ORDERED as follows:
1. The Motion to Strike (Doc. No. 56) is GRANTED IN PART and DENIED IN PART as outlined in the accompanying Memorandum and as follows:
a. The expert opinions contained in Paragraph Three (3) of Wodzinski's Rule 26(a)(2)(B) Report (Doc. No. 111-4) are STRUCK for failure to comply with Federal Rule of Evidence 702; but i. The Motion to Strike is DENIED insofar as it asks the Court to strike the factual content contained in the remainder of Wodzinski's Rule 26(a)(2)(B) Report (Doc. No. 111-4);
b. Wodzinski is PRECLUDED from providing expert testimony and/or written expert opinions in the above-captioned matter; but
i. The Motion to Strike is DENIED insofar as it asks the Court to preclude Wodzinski from testifying as a fact witness in the above-captioned matter; and
c. The Supplemental Exhibit is STRUCK as an exhibit to Wodzinski's Rule 26(a)(2)(B) Report, but i. The Supplemental Exhibit (Doc. Nos. 111-5 at 8-80, 111-6, 52-452-7) will be permitted for any admissible, factual evidence.
IT IS SO ORDERED.