Koistra et al v. San Diego, County of et al

Filing 62

ORDER Denying Defendants' 53 Motion to Exclude Plaintiff's Expert Opinion as Moot. Signed by Judge Gonzalo P. Curiel on 4/11/18. (dlg)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

SOUTHERN DISTRICT OF CALIFORNIA

10
11
12

TRINA KOISTRA; GEORGIA
KOISTRA; and LARRY FORD,

15
16

ORDER DENYING DEFENDANTS’
MOTION TO EXCLUDE
PLAINTIFF’S EXPERT OPINION AS
MOOT

Plaintiff,

13
14

Case No.: 16cv2539-GPC(AGS)

v.
COUNTY OF SAN DIEGO; and DOES 1
through 50, inclusive,

[Dkt. No. 53.]

Defendant.

17
18
19
20

In connection with their motion for summary judgment, Defendants filed a motion

21

to exclude Plaintiff’s police practices and procedures expert, Scott DeFoe, concerning the

22

use of the Sheriff’s canine pursuant to Daubert v. Merrell Dow Pharms., 508 U.S. 579

23

(1993). (Dkt. No. 53.) Defendants acknowledged they filed the Daubert motion in

24

anticipation that Plaintiff will attempt to use her expert opinion in opposition to the

25

motion for summary judgment. (Dkt. No. 53-1.) Plaintiff filed an opposition to the

26

Daubert motion. (Dkt. No. 59.) In reply, Defendants concede that because Plaintiff did

27

not submit Mr. DeFoe’s expert opinion testimony in opposition to the summary judgment

28

motion, their Daubert motion is moot for purposes of the summary judgment motion.
1
16cv2539-GPC(AGS)

1

(Dkt. No. 61.) Accordingly, the Court DENIES Defendants’ motion to exclude as

2

MOOT subject to refiling at the time of motions in limine.

3

IT IS SO ORDERED.

4
5

Dated: April 11, 2018

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
16cv2539-GPC(AGS)