Opinion
21-cv-11664
08-27-2024
GSL HOLDINGS, LLC, Plaintiff, v. THE CHARTER TOWNSHIP OF LYON, et al., Defendants.
ORDER (1) GRANTING DEFENDANT LYON TOWNSHIP'S MOTION IN LIMINE TO STRIKE PROPOSED EXPERT, KEVIN A. KERNEN (ECF No. 121), (2) GRANTING IN PART AND TERMINATING AS MOOT IN PART DEFENDANT LYON TOWNSHIP'S MOTION IN LIMINE PRECLUDING PLAINTIFF FROM OFFERING EVIDENCE OF ECONOMIC DAMAGES AND EXPERT TESTIMONY AT TRIAL (ECF No. 104), (3) TERMINATING AS MOOT DEFENDANT LYON TOWNSHIP'S MOTION TO STRIKE PROPOSED EXPERT, MICHAEL CLIFFORD (ECF No. 119), AND (4) TAKING UNDER ADVISEMENT DEFENDANT LYON TOWNSHIP'S MOTION IN LIMINE TO STRIKE CHARLES GINSTER (ECF No. 120)
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
On August 27, 2024, the Court held a hearing on pending motions in limine.
For the reasons stated on the record, IT IS HEREBY ORDERED as follows:
1. Defendant Lyon Township's Motion in Limine to Strike Proposed Expert, Kevin A. Kernen (ECF No. 121) is GRANTED.
2. Defendant Lyon Township's Motion in Limine Precluding Plaintiff from Offering Evidence of Economic Damages and Expert Testimony at Trial (ECF No. 104) is GRANTED IN PART as follows. Plaintiff shall not offer into evidence or mention before the jury any of the evidence identified in ECF No. 104, PageID.3619 in the paragraph beginning “Here.” The motion is TERMINATED AS MOOT IN PART to the extent that it sought exclusion of expert testimony since that issue has been addressed in rulings on other motions.
3. Defendant Lyon Township's Motion in Limine to Strike Proposed Expert, Michael Clifford (ECF No. 119) is TERMINATED AS MOOT in light of the Court ruling on ECF No. 121 above and the statement by Plaintiff's counsel that Mr. Clifford was intended to serve only as a substitute expert to offer testimony in the event of Mr. Kernen's disability.
4. Defendant Lyon Township's Motion in Limine to Strike Charles Ginster (ECF No. 120) is TAKEN UNDER ADVISEMENT. The parties will gather additional evidence concerning when Plaintiff first identified Mr. Ginster as a potential witness and will present that evidence to the Court on the morning that trial begins.
IT IS SO ORDERED.