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- cod;;1:16-cv-03000_de186 RegisterActionDate "2018-08-02" @default.
- cod;;1:16-cv-03000_de186 RegisterActionDescriptionText "MINUTE ORDER re: 179 MOTION to Exclude Expert Testimony of Edward J. Hepworth, MD and Thomas McIlraith, MD pursuant to Rule 702 and 184 MOTION to Exclude Expert Opinion of Scott Kush pursuant to Federal Rules of Evidence 702. The Court has reviewed the motion and response regarding defendants' effort to exclude the testimony of Drs. Hepworth and McIlraith. ECF Nos. 179 and 185. The issue is now is moot with respect to Dr. McIlraith. The Court's impression from the papers is that Dr. Hepworth is qualified to provided the kind of testimony described in the response. If, after considering the response and this minute order, defendants continue to believe that there is a legitimate Rule 702 issue concerning Dr. Hepworth, they may set an in-court, evidentiary, pretrial hearing, on a date available on the Court's docket. The Court has also reviewed plaintiff's Rule 702 motion concerning Dr. Kush. ECF No. 184. Defendants have not yet responded, as the motion was just filed. However, given what plaintiff relates about Dr. Kush's background, and the nature of his testimony (which is based essentially on a hypothetical assumption as to his present condition and limitations on his future activity), my impression is that he is probably qualified to express a life expectancy opinion. If plaintiffs still disagree, they may set an in-court, evidentiary, pretrial hearing. The Court asks counsel not to consume the Court's time or their client's money on "just because" Daubert motions. Set a hearing only if you sincerely believe that it is one of the rare occasions when a designated expert's testimony is either irrelevant or unreliable. By Judge R. Brooke Jackson on 8/2/18. Text Only Entry (rbjsec. ) (Entered: 08/02/2018)" @default.
- cod;;1:16-cv-03000_de186 AdministrativeID "187" @default.
- cod;;1:16-cv-03000_de186 OntologyLabel order @default.
- cod;;1:16-cv-03000_de186 hasReferenceToOtherEntry cod;;1:16-cv-03000_de178 @default.
- cod;;1:16-cv-03000_de186 hasReferenceToOtherEntry cod;;1:16-cv-03000_de183 @default.