While I will apply the ten-day standard of Rule 238,1 will apply Federal Rule of Civil Procedure 6 to calculate the ten days. See Rossmanv.K Mart Corp., 701 F.Supp. 1127, 1134 (M.D.Pa.1988), affd, 866 F.2d 1413 (3d Cir.1988) (Federal court sitting in diversity applying Pennsylvania Supreme Court decision allowing five days for the filing of a motion for delay damages uses Federal Rule of Civil Procedure 6 to calculate time.) Judgment was entered on October 23, 1991.
The court hereby affirms its ruling that the proposed testimony of Mr. Vidal was not necessary or appropriate under Fed. Rule Evid. 702. See Rossman v. K Mart Corp., 701 F. Supp. 1127, 1129 (M.D.Pa. 1988). Plaintiff also argues that the court erred in refusing to strike prospective juror John Agin for cause.