Bush et al v. FedEx Freight, Inc.

Filing 110

ORDER. ORDERED that Plaintiffs' Motion to Preclude John Hill from Testifying as an Expert (ECF No. 53) and Defendant's Motion to Exclude Testimony of Jerry Ogden (ECF No. 97) are DENIED WITHOUT PREJUDICE by Judge Wiley Y. Daniel on 07/15/13.(jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 12-cv-00230-WYD-KLM
CHARLES BUSH;
BRAD GRIMSLEY;
MARK L. HANSON; and
JOHN F. NOBLE, all individuals residing in Colorado,
Plaintiffs,
v.
FEDEX FREIGHT, INC., an Arkansas corporation doing business in Colorado,
Defendant.

ORDER

THIS MATTER is before the Court on a review of the file. On February 7, 2013,
Plaintiffs filed a Motion to Preclude John Hill from Testifying as an Expert. The motion
is fully briefed. On May 24, 2013, Defendant filed a Motion to Exclude Testimony of
Jerry Ogden. This motion is not yet fully briefed. Both motions seek to preclude expert
testimony of the opposing party or parties based on Fed. R. Evid. 702, arguing that the
expert is not qualified and the opinions are not reliable and/or relevant.
I find that these motions are premature. Trial has not yet been set in this case,
and Defendant’s Motion for Summary Judgment is pending. I resolve motions regarding
the admissibility of experts at the final trial preparation conference, after the summary
judgment motion has been resolved. Rather than have the motions remain pending for
months, I will deny them without prejudice. The parties may, if they wish, move to

reinstate the motions and accompanying briefs no earlier than 60 days before the final
trial preparation conference. Defendant’s reply brief to the Motion to Exclude Testimony
of Jerry Ogden should be filed within the time limits set by D.C.COLO.LCivR 7.1C after
the motion and response have been reinstated.
Based on the foregoing, it is
ORDERED that Plaintiffs’ Motion to Preclude John Hill from Testifying as an
Expert (ECF No. 53) and Defendant’s Motion to Exclude Testimony of Jerry Ogden
(ECF No. 97) are DENIED WITHOUT PREJUDICE.
Dated: July 15, 2013
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge