Toye v. Kroger Co., The

Filing 31

ORDER; the Court reaffirms its Order of 7/14/10, and Defendant's motion for reconsideration is hereby denied. Defendant's counsel is instructed to direct all communications concerning this or any other matter to the Judge, and only to the Judge. Signed by Honorable Robert T. Dawson on July 15, 2010. (lw)

Toye v. Kroger Co., The

Doc. 31

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION WANDA TOYE v. THE KROGER CO. ORDER Currently before the Court is Defendant's Response to Case No. 6:08-CV-06096-RTD DEFENDANT PLAINTIFF

Plaintiff's Motion in Limine or, in the Alternative, Motion for Reconsideration of Order Granting Plaintiff's Motion in Limine. (Doc. 28). For its response and motion, Defendant contends that

the testimony of Paul Giampavalo, the president of Safe Strap, Inc., is admissible under Federal Rule 701 of Evidence. Defendant

asserts that Mr. Giampavalo will testify, not as an expert, but about his company, why he conceived of the pallet guard, and the absence of other similar occurrences. To the extent that Mr.

Giampavalo will so limit his testimony, the testimony is irrelevant to the issues in this case. Fed. R. Evid. 401. To the extent that

Mr. Giampavalo will offer testimony that transcends these issues, his testimony is expert in nature. testimony is neither helpful nor As the Court has held, expert necessary in this case.

Therefore, the Court reaffirms its Order of July 14, 2010, and Defendant's motion for reconsideration is hereby DENIED. Defendant's counsel is instructed to direct all communications concerning this or any other matter to the Judge, and only to the Judge.

Dockets.Justia.com

IT IS SO ORDERED this 15th day of July, 2010. /s/ Robert T. Dawson ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE

Page 2 of

2