Rodriguez, et al. v. City of Fresno, et al.

Filing 24

ORDER signed by Senior Judge William B. Shubb on 8/4/2017 DENYING 22 Motion to Strike without prejudice. (Michel, G.)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 ----oo0oo---- 10 11 12 TINA MA, an individual and successor in interest to JOSEPH MA, 15 16 17 18 19 20 21 ORDER RE: MOTION TO STRIKE Plaintiffs, 13 14 CIV. NO. 1:15-1426 WBS MJS v. CITY OF FRESNO; CHIEF OF POLICE JERRY DYER, in his individual and official capacities; OFFICER COLIN LEWIS, in his individual and official capacities; and DOES 2 through 50, inclusive; Defendants. ----oo0oo---Before the court is defendants’ Motion to Strike All or 22 Portions of Plaintiffs’ Expert Testimony (Docket no. 22). 23 witness has not yet testified, there is nothing to strike. 24 Nevertheless, the court recognizes defendants’ desire to address 25 the admissibility of the testimony in advance of trial. However, 26 the court finds that defendants’ arguments and requested relief 27 would be more appropriately addressed at or shortly before trial. 28 1 As the 1 The court will welcome a discussion on the procedure for 2 objections to expert testimony based upon Daubert v. Merrell Dow 3 Pharmaceuticals, 509 U.S. 579 (1993), and related grounds at the 4 Pretrial Conference scheduled for September 25, 2017. 5 IT IS THEREFORE ORDERED that defendants’ Motion to 6 Strike (Docket no. 22) be, and the same hereby is, DENIED WITHOUT 7 PREJUDICE. 8 Dated: August 4, 2017 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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