Opinion
Civil Action No. 05-cv-01056 — LTB — MEH.
August 9, 2007
ORDER
As stated on the record at the hearing held on August 9, 2007, IT IS HEREBY ORDERED as follows:
1. The Motion to Disqualify Plaintiff's Counsel David Legare [Doc # 126], which was joined in by Defendant Short-Elliott-Hendrickson, Inc. ("SEH"), is DENIED by stipulation of the parties.
2. The Affidavit of Clinton Moyer dated July 7, 2006 is STRICKEN in toto from these proceedings, including any reliance on this affidavit by Plaintiff's expert witness, Richard Kerr, P.E.
3. Nothing in this Order shall preclude SEH from filing a motion in limine regarding the testimony of Mr. Kerr at a later date, if appropriate.