Opinion
Civil Action No. 06-cv-00614-WDM-BNB.
February 23, 2007
ORDER
This matter is before me on Plaintiff's Motion in Limine to Preclude the Introduction of "Expert" Testimony by Attorney Michael Mihm [Doc. # 29, filed 2/20/07] (the "Motion"). The plaintiff seeks to exclude the testimony of the defendants' expert witness, Michael Mihm. The case is not yet set for trial. Therefore, the Motion is premature. Accordingly,
The defendants have filed a motion for summary judgment [Doc. #21, filed 1/5/07]. The summary judgment motion does not rely on Mr. Mihm's testimony. Therefore, denial of the Motion does not impact the plaintiff's ability to respond to defendants' summary judgment motion.
IT IS ORDERED that the Motion is DENIED WITHOUT PREJUDICE.