Opinion
Consolidated Under MDL DOCKET NO. 875, E.D. PA Civil Action No. 09-cv-74483 Transferor Court: GA-S 08-00010.
November 30, 2010
ORDER
AND NOW, this 29th day of November, 2010, upon consideration of Defendant Ford Motor Company's Motion to Exclude Dr. Arthur Frank and Dr. Barry Castleman as Rule 26(a)(2) Witnesses, and Plaintiffs response thereto, and for the reasons set forth in the attached Memorandum, it is hereby ORDERED that:
(1) Defendant Ford Motor Company's Motion to Exclude Dr. Arthur Frank and Dr. Barry Castleman [Doc. 14] is GRANTED IN PART, DENIED IN PART.
Defendant's motion for an Order striking the reports of Dr. Frank and Dr. Castleman and excluding them from testifying on behalf of Plaintiff is DENIED.
Defendant's request for attorney fees and costs incurred in filing its motion to exclude Dr. Frank and Dr. Castleman's expert testimony and its motion for summary judgment based on upon Plaintiffs failure to timely produce expert opinion on causation is GRANTED. By December 13, 2010, Defendant is to submit to chambers an itemized statement of fees and expenses incurred in filing these two motions. Plaintiff may file objections to the itemized statement by December 29, 2010.
(2) Defendant Ford Motor Company's Motion for Summary Judgment based upon Plaintiffs failure to timely produce expert opinion on causation [Doc. 9] is DENIED.
(3) Consistent with my September 8, 2010 Order, Defendant Ford's expert reports must be produced by December 29, 2010. All expert discovery is to be completed by January 31, 2011.
(4) The deadline for filing Daubert motions is extended to February 14, 2011.
(5) Responses to Daubert motions must be filed by March 14, 2011.
(6) Replies to responses to Daubert motions, if any, must be filed by March 28, 2011.