Opinion
Misc. No. 99-197 (TFH), MDL No. 1285
March 21, 2003
MEMORIALIZING ORDER
In accordance with the rulings made in Court on March 21, 2003, it is hereby ORDERED that:
(1) Niacin Defendants Motion to Preclude the Expert Testimony of Dr. Bernheim and Dr. Perloff as Related to Niacin is DENIED;
(2) Defendants' Motion In Limine to Exclude the Expert Reports and Testimony of Dr. Perloff is DENIED;
(3) Kellogg Company's Objection to the Niacin Defendants' Untimely Designation of Expert Testimony and request to exclude expert testimony is GRANTED IN PART and DENIED IN PART. Specifically, the motion is granted with respect to Defendant Lonza's designation of experts Dr. Christopher Velturo and Mr. David Kaplan, and is denied with respect to the designation of Dr. Robert Pindyck. In addition, the Court grants Kellogg leave to depose Dr. Pindyck, if necessary, within the next week;
(4) Lonza's Motion to Bifurcate Damages and Liability and to Stay Kellogg's Foreign Purchase Claims is DENIED;
(5) The Trial in Kellogg Company v. BASF AG et al. is continued until Wednesday, April 16, 2003 at 10:00 a.m.
The Court also notes that Lonza agreed in open court not to offer these experts in light of the concerns of the Court.