Opinion
Civil Action No. 10-cv-00306 - LTB - KLM
02-17-2012
VELMA UNDERWOOD, Plaintiff, v. THE GEO GROUP, INC., Defendant.
Lewis T. Babcock, Judge
ORDER
As further set forth on the record at the hearing held on February 17, 2012, IT IS HEREBY ORDERED as follows:
1. Defendant's Motion to Strike Certain Opinions from Plaintiff's Expert Witness and to Preclude Testimony on Certain Tests Given to Plaintiff [Doc #77] is GRANTED with respect to Plaintiff's case-in-chief and CONDITIONALLY GRANTED, see Fed. R. Evid. 103(a), with respect to Plaintiff's rebuttal;
2. Pursuant to Fed. R. Evid. 402, 403 & 702, Dr. Atwell shall not be permitted to testify on any issue during Plaintiff's case-in-chief but may, depending on the defense presented, be permitted to testify during Plaintiff's rebuttal as deemed appropriate by the Court; and
3. On or before February 23, 2012, in addition to the other materials already requested by the Court , the parties shall submit (a) revised witness and exhibit lists; and (b) short trial briefs addressing the "protected activity " element of Plaintiff's retaliation claim in light of my summary judgment order dated November 17, 2011.
BY THE COURT:
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Lewis T. Babcock, Judge