UNITED STATES OF AMERICA, et al v. SECOND CHANCE BODY ARMOR INC et al

Filing 498

MEMORANDUM OPINION AND ORDER regarding pending motions in limine. Signed by Judge Paul L. Friedman on 12/28/2017. (lcplf1)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
)
UNITED STATES OF AMERICA, ex rel.,
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AARON J. WESTRICK, Ph.D.,
)
)
Plaintiffs,
)
)
v.
)
)
SECOND CHANCE BODY ARMOR, INC.,
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et al.,
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Defendants.
)
__________________________________________)

Civil Action No. 04-0280 (PLF)

MEMORANDUM OPINION AND ORDER
Pending before the Court are fourteen motions in limine with respect to the
admission or exclusion of expert testimony by two former corporate executives who are pro se
defendants, and twelve proffered expert witnesses.
The United States requests a Daubert hearing with live testimony with respect to
three of the proffered experts: Allen L. Price, Bradley S. Field, and Dr. Kazuyuki Yabuki. See
October 12, 2017 Hearing Transcript at 9:19-21 [Dkt. No. 491]. The United States further stated
at the October 12, 2017 status hearing that it “probably” did not need a Daubert hearing with
respect to Herbert Heuchert and Robert Nowak. Id. at 9:24-25. With respect to the remaining
experts, the United States is prepared to rest on the papers. Id. at 10:11-14. Counsel for Toyobo
stated that he saw no need for any Daubert hearings and suggested that the Court decide the
admissibility of the experts’ testimony on the papers. Id. at 18:1-6. Accordingly, it is hereby
ORDERED that on or before January 5, 2018, counsel shall file a joint report
identifying which witnesses either side wishes to have testify at a Daubert hearing before the

Court in addition to Mr. Price, Mr. Field, and Dr. Yabuki, and how much time is estimated for
the testimony of each witness; and it is
FURTHER ORDERED that the parties shall agree upon two of the following
dates for the presentation of witness testimony and oral argument with respect to the pending
Daubert motions:
Wednesday, January 10, 2018 beginning at 10:00 a.m.;
Tuesday, January 16, 2018 beginning at 10:00 a.m.;
Monday, January 22, 2018 beginning at 11:00 a.m.;
Tuesday, January 23, 2018 beginning at 11:00 a.m.;
Thursday, January 25, 2018 beginning at 11:00 a.m.
SO ORDERED.

_______/s/_________________
PAUL L. FRIEDMAN
United States District Judge
DATE: December 28, 2017

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