Fraser, et al v. Wal-Mart Stores, Inc.

Filing 68

ORDER signed by District Judge Troy L. Nunley on 10/20/2015 GRANTING 38 Defendant's Motion to Exclude Testimony. Plaintiffs are excluded from offering any testimony by Plaintiffs' proposed expert, Mike Strawhecker, in connection with any motion, hearing, or at trial. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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AMY FRASER and PAULA HAUG, on
behalf of themselves and all others
similarly situated,

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Plaintiff,

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v.
WAL-MART STORES, INC., a Delaware
corporation; and DOES 1 through 50
inclusive,

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No. 2:13-CV-00520-TLN-DAD

ORDER GRANTING DEFENDANT WALMART STORES INC.’S MOTION TO
EXCLUDE TESTIMONY BY
PLAINTIFFS’ DESIGNATED EXPERT
WITNESS, MIKE STRAWHECKER

Defendant.

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On April 13, 2015, Defendant Wal-Mart Stores, Inc.’s (“Wal-Mart”) filed a Motion to

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Exclude Testimony by Plaintiffs’ Designated Expert Witness, Mike Strawhecker, for failure to

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comply with Federal Rule of Civil Procedure 26. (ECF No. 38.) On May 7, 2015, Plaintiffs filed

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a statement of non-opposition to Defendant’s motion, stating that Mr. Strawhecker did not fully

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complete his report and unilaterally withdrew Strawhecker as an expert in this matter. (ECF No.

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49.)

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The Court has read and considered the briefing filed by both parties and hereby GRANTS

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Defendant’s Motion to Exclude Testimony. Plaintiffs are excluded from offering any testimony

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by Plaintiffs’ proposed expert, Mike Strawhecker, in connection with any motion, hearing, or at

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trial.

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IT IS SO ORDERED.
Dated: October 20, 2015

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Troy L. Nunley
United States District Judge

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