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- ilnd;;1:17-cv-03621_de207 RegisterActionDate "2019-06-02" @default.
- ilnd;;1:17-cv-03621_de207 RegisterActionDescriptionText "MINUTE entry before the Honorable Matthew F. Kennelly: The Court denies defendants' motion in limine 5, in which defendants seek to preclude plaintiff expert Dr. Randall Benson's use of diffusion tensor imaging (DTI) MRI evidence. The Court notes that the motion cites no legal authority. At the hearing on the motion, defense counsel stated that it would not be inappropriate to use DTI MRI evidence in combination with other factors to diagnose a traumatic brain injury but that defendants' contention is that Dr. Benson is using this factor by itself to make the diagnosis. Based on the materials provided to the Court by defendants following the pretrial conference (excerpts from Dr. Benson's report and deposition), this does not appear to be the case. Rather, it appears that Dr. Benson is relying on this information in combination with other information. Thus given defendants' concession at the hearing, the Court denies the motion in limine. That aside, and though not necessary to the Court's determination to deny the motion, the Court also notes its agreement with the analysis in White v. Deere & Co., No. 13 C 02173, 2016 WL 462060, at *3-5 (D. Colo. Feb. 8 2016), and in Judge James Moody's decision in Ruppel v. Kucanin, No. 3:08 CV 591, 2011 WL 2470621, at *4-14 (N.D. Ind. June 20, 2011), regarding the admissibility of similar testimony. (mk) (Entered: 06/02/2019)" @default.
- ilnd;;1:17-cv-03621_de207 AdministrativeID "207" @default.
- ilnd;;1:17-cv-03621_de207 OntologyLabel minute_entry @default.