Summary
excluding expert report and testimony that would not assist the Court, as trier of fact, "to understand the evidence or to determine any of the facts at issue" in the matter
Summary of this case from Francois v. Starwood Hotels & Resorts Worldwide, Inc.Opinion
CIVIL ACTION NO: 08-4090, SECTION: J(5).
April 1, 2010
ORDER
Before the Court are the following Motions in Limine: Plaintiff's Motion in Limine to Exclude Portions of the Testimony of Dr. Christopher Cenac, (Rec. Doc. 41); Defendant's Motion in Limine to Exclude or Limit Expert Testimony and Report of Paul Richard, (Rec. Doc. 43); and Defendant's Motion in Limine to Limit Expert Testimony and Report of Plaintiff's Expert Economist, John Gardner, Ph.D., (Rec. Doc. 44).
After reviewing the record, applicable law, and the memoranda and motions of the parties, this Court finds as follows:
I. Motion in Limine to Exclude Portions of the Testimony of Dr. Christopher Cenac
II. Motion in Limine to Exclude or Limit Expert Testimony and Report of Paul Richard
See e.g. Scordill v. Louisville Ladder Group, L.L.C.2003 WL 22427981 IT IS ORDERED Motion in Limine to Exclude Portions of the Testimony of Dr. Christopher Cenac (Rec. Doc. 41) DENIED.702IT IS ORDERED Motion in Limine to Exclude or Limit Expert Testimony and Report of Paul Richard, (Rec. Doc. 43), GRANTED. Daubert v. Merrell Dow Pharms., Inc. 509 U.S. 579 Daubert509 U.S. at 596
The objections raised by Defendant in its motion are akin to those that are properly presented during a "vigorous cross-examination." Therefore, those objections are more properly addressed by the trier of fact in the trial setting.
Further, as stated in the Pretrial Notice Form, (Rec. Doc. 33-1), prior to the trial, Defendant's counsel can submit a request to Dr. Gardner to perform alternate calculations based on their data.
For these reasons, IT IS ORDERED that Defendant's Motion in Limine to Limit Expert Testimony and Report of Plaintiff's Expert Economist, John Gardner, Ph.D., (Rec. Doc. 44), is hereby DENIED.