Opinion
17-10164
01-05-2022
In re Flint Water Cases This Relates To Bellwether I Cases
OPINION AND ORDER DENYING AS MOOT DEFENDANTS VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC., AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC'S MOTION IN LIMINE TO EXCLUDE OPINIONS OF MIRA KRISHNAN [501]
JUDITH E. LEVY UNITED STATES DISTRICT JUDGE
Before the Court is one of thirteen motions in limine filed by Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's (collectively “VNA”) in anticipation of the first Flint Water bellwether trial. This motion seeks to exclude the causation opinions offered by Dr. Mira Krishnan, Plaintiffs' expert psychologist.
Motions in limine “are meant to deal with discrete evidentiary issues related to trial.” Dunn ex. rel. Alberry v. State Farm Mut. Auto Ins. Co., 246 F.R.D. 266, 274-75 (E.D. Mich. 2009) (collecting cases). This motion does not do so. As VNA acknowledges, Plaintiffs have repeatedly and unambiguously withdrawn Dr. Krishnan's causation testimony.
See ECF No. 501, PageID.37560 (VNA's motion) (“Throughout the discovery process, Plaintiffs have represented to the Court and VNA that they would not rely upon Dr. Krishnan's causation opinions.”)
In limine motion practice without any relevance to evidentiary issues in controversy borders on the frivolous. There is clearly no need to litigate the admissibility of testimony that all parties agree will not be presented at trial. Accordingly, VNA's motion to exclude Dr. Krishnan's causation testimony is DENIED AS MOOT.
IT IS SO ORDERED.