Rice v. Luken Communications LLC et al

Filing 125

ORDER denying without prejudice 103 Luken Communications LLC's Motion in Limine to exclude expert report and opinion of Karen G. Nicolaou as untimely. Signed by Judge Kristine G. Baker on 6/11/2013. (thd)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION M. RANDY RICE, as Chapter 7 Trustee v. PLAINTIFF Case No. 4:11-cv-00386-KGB LUKEN COMMUNICATIONS, LLC DEFENDANT ORDER Before the Court is the motion in limine to exclude expert report and opinion of Karen G. Nicolaou filed by Luken Communications, LLC (“Luken Communications”) (Dkt. No. 103). Plaintiff M. Randy Rice, as Chapter 7 Trustee (“Trustee Rice”), has responded (Dkt. No. 117). For the reasons that follow, the motion is denied without prejudice. On June 3, 2013, Luken Communications filed the pending motion to exclude Ms. Nicolaou. The motion includes no citation regarding where in the record the Court can locate either Ms. Nicolaou’s report or deposition testimony. By Order dated April 10, 2013, the Court extended the deadline to file motions except motions in limine to May 20, 2013 (Dkt. No. 64). Luken Communications’s motion to exclude Ms. Nicolaou, though titled a motion in limine, is clearly a Daubert motion. Indeed, Luken Communications notes in its motion that “[t]he Nicolaou report must further be excluded under FRE 702 and 703 for the reasons set forth in the seminal cases of Daubert v. Merril Dow Pharm. and Kumho Tire” (Dkt. No. 103, at 2). For these reasons, the motion is denied without prejudice as untimely. SO ORDERED this the 11th day of June, 2013. ________________________________ Kristine G. Baker United States District Judge

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