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- ilnd;;1:07-cv-04023_de84 RegisterActionDate "2008-03-27" @default.
- ilnd;;1:07-cv-04023_de84 RegisterActionDescriptionText "MINUTE entry before Judge Honorable Jeffrey Cole:Judge Coar has referred the plaintiff's Rule 37(c) Motion to Strike Defendants' Experts. There is also pending before Judge Coar the plaintiff's Motion for Summary Judgment which was filed on March 14, 2008. At page 7 of the Memorandum in support of that motion, the plaintiff argues that Section 7.3(a)-(e) of the parties' Loan Agreement set forth the terms and condition of any foreclosure sale and, according to the plaintiff, allowed for the foreclosure sale that is the subject of the expert report to proceed in the manner that it did -- a manner which the report concludes is commercially unreasonable. If Judge Coar were to accept the plaintiff's argument, and related arguments that are made on page 8 of the Memorandum, the question of whether Mr. Najvar's testimony satisfies the requirements of Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) and Kumho Tire Ltd. v. Carmichael, 526 U.S. 137 (1999) would be moot. Judicial efficiency thus would seem best served by postponing a decision on the Motion to Strike until Judge Coar rules on the Motion for summary Judgment.. Accordingly, the motion to strike 62 is entered and continued until after the summary judgment motion is decided. The case is set for further status on 6/2/08 at 8:30 a.m. I have consulted with Judge Coar and he concurs with this scheduling. The defendant need not file a response brief until further order of court. Telephoned and mailed. (cdh, ) (Entered: 03/27/2008)" @default.
- ilnd;;1:07-cv-04023_de84 AdministrativeID "86" @default.
- ilnd;;1:07-cv-04023_de84 hasReferenceToOtherEntry ilnd;;1:07-cv-04023_de60 @default.