Summary
holding that Dr. Naftalis "is qualified to testify that HRT more likely than not promoted Plaintiff's breast cancer"
Summary of this case from Baldonado v. WyethOpinion
MDL Docket No. 4:03CV1507-WRW, 4:04CV01169.
November 16, 2007
ORDER
Defendant's Motion to Compel re First Set of Case-Specific Interrogatories (Doc. No. 62) is DENIED.
Defendant's Motion for Protective Order Re Plaintiffs' Discovery Requests Re 2927 (Doc. No. 128) is DENIED without prejudice. However, Plaintiff's discovery requests appear to be a bit broad.
Defendant's Motion to Compel Response to Requests for Admissions (Doc. No. 249) is DENIED without prejudice. By the time mentioned in the November 15, 2007 hearing (I think I mentioned one), Plaintiff's counsel must either admit or deny each of Defendant's requests, without explanation.
If a request is denied, the denial cannot be referred to during the trial.
If the denial is one which plainly ought in fairness be admitted, Defendant can file a motion for sanctions after the trial.
My general feeling about requests for admission is that they should be directed to specific facts, not law or opinions, or a mixture thereof.
IT IS SO ORDERED.