Munoz, et al. vs. PHH Mortgage Corp., et al.

Filing 514

ORDER respecting Objections to Expert Witness Qualifications signed by Judge M Miller Baker on 1/13/2022. (Lundstrom, T)

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
EFRAIN MUNOZ, individually and on
behalf of all others similarly situated,
et al.,
Plaintiffs,
v.

No. 1:08-cv-00759-MMB-BAM
ORDER RESPECTING
OBJECTIONS TO
EXPERT WITNESS
QUALIFICATIONS

PHH MORTGAGE CORPORATION,
et al.,
Defendants.

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The court has issued an order respecting trial witnesses (ECF 506) that,

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at the parties’ request, sets a deadline of January 14, 2022, for the parties to

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identify which individuals they plan to bring to the trial to testify live and a

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deadline of January 24, 2022, for them to exchange deposition designations.

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Neither that order, the final pretrial order (ECF 456), nor the amended pretrial

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order (ECF 460) provides a deadline for parties to object to whether a proffered

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witness is qualified as an expert to give opinion testimony under the require-

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ments set forth in Federal Rule of Evidence 702 or for the parties to raise what

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is commonly referred to as a Daubert objection.

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It is therefore ORDERED as follows:

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1.

For expert witnesses who will testify in person, a party wishing to

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object to a proposed expert witness’s qualifications to give opinion testimony

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at trial as an expert witness shall file a statement of the objections and the

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reasons therefor no later than January 21, 2022. The party proffering the pro-

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posed expert may file a response to the objection(s) no later than January 28,

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2022.

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2.

For expert witnesses whose testimony will be presented via depo-

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sition designations, the parties shall notify each other by January 18, 2022, of

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any such witnesses and which phase(s) of the trial such witnesses shall testify

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in. A party wishing to object to any such witness’s qualifications to give opinion

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testimony at trial as an expert witness shall file a statement of the objections

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and the reasons therefor no later than January 25, 2022. The party proffering

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the proposed expert may file a response to the objection(s) no later than Feb-

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ruary 1, 2022.

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3.

The provisions of this order will apply to Plaintiffs’ proposed expert

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witness Robert Hoyt, who is the subject of a pending motion to strike (ECF

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475), unless the court grants the motion to strike prior to January 21, 2022.

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Dated: January 13, 2022

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/s/ M. Miller Baker
M. Miller Baker, Judge 1

Judge of the United States Court of International Trade, sitting by designation.

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