Nelson v. Breg, Inc. et al

Filing 137

ORDER REGARDING PROCEDURES FOR HEARING ON 114 , 115 , 116 , 117 , 118 MOTIONS TO EXCLUDE TESTIMONY. See Order for details. By Judge Walker D. Miller on 4/20/11. (mnf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Walker D. Miller

Civil Action No. 09-cv-01715-WDM-BNB
MATTHEW NELSON,
Plaintiff,
v.
BREG, INC.,
Defendant.

ORDER REGARDING PROCEDURES FOR HEARING ON MOTIONS TO
EXCLUDE TESTIMONY

This case is before me on Defendant’s Fed. R. Evid. 702 Motions to Exclude
Causation Testimony (ECF Nos. 114, 115, 116, 117 and 118). Plaintiffs oppose the
motions. Because the motions implicate relevance and reliability issues under Rule 702
of the Federal Rules of Evidence and the standards set forth by Daubert v. Merrell Dow
Pharmaceuticals, Inc., 509 U.S. 579 (1993) and its progeny, a hearing on the matter
has been set commencing June 22, 2011. This order addresses procedures to be
followed in preparation for and at the hearing.
Accordingly it is ordered:
1.

All expert witnesses addressing the issues raised by the parties shall be
present.

2.

No later than fourteen days prior to the hearing, the proponent of the

expert witness shall file a verified statement of the expert witness that sets
forth the expert witness’s relevant qualifications, opinions, methodology,
etc. This statement shall constitute the proponent’s direct examination of
the expert witness and should therefore include all information the
proponent would otherwise present in support of the challenged opinions.
The proponent should address the challenges raised by the opposing
party. Such statement shall not exceed ten pages without permission of
the Court.
3.

The hearing will begin with brief opening arguments by the parties
followed by the challenging party’s cross-examination of the expert
witness. The proponent may conduct redirect examination.

4.

Both parties may then call additional witnesses. A list of any additional
witnesses shall be filed no later than seven days before the hearing. If
any additional witness will express opinions subject to Fed. R. Evid. 702
which have not already been disclosed in discovery, a copy of that
witness’s curriculum vitae and a report disclosing such opinions shall be
filed seven days before the hearing.

2

5.

No later than seven days before the hearing, the parties shall file a joint
exhibit list with the Court.

DATED at Denver, Colorado, on April 20, 2011.
BY THE COURT:

s/ Walker D. Miller
United States Senior District Judge

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