5860 CHICAGO RIDGE, LLC v. USA

Filing 84

ORDER denying 63 Motion in Limine; granting in part and denying in part 64 Motion in Limine. Signed by Judge Francis M. Allegra. (si)Copy to parties.

In The United States Court of Federal Claims
No. 07-680C (Filed: March 7, 2011) _________ 5860 CHICAGO RIDGE, LLC., Plaintiff, v. THE UNITED STATES, Defendant. _________ ORDER _________ On December 23, 2010, plaintiff filed a motion in limine to exclude the reports and testimony of defendant's experts, Niklas W. Vigener, Kenneth R. McLauchlan, and part of defendant's expert Lorena Redding's report and testimony. On that same day, defendant filed a motion in limine to exclude the report and testimony of plaintiff's expert Gary K. DeClark. Accordingly: 1. Plaintiff's motion in limine is hereby GRANTED, in part, and DENIED, in part; a. Plaintiff's motion to exclude Mr. Vigener's and Mr. McLauchlan's discussion of the reasonableness termination in their expert reports and testimony is hereby GRANTED, and its motion to exclude the remainder of their expert reports and testimony is hereby DENIED. The objections raised by plaintiff with respect to this evidence are relevant to the weight of the evidence, not its admissibility; and Plaintiff's motion to exclude Ms. Redding's reprocurement costs expert report and testimony is hereby DENIED. All objections raised by plaintiff with respect to this evidence are relevant to the weight of the evidence, not its admissibility.

b.

2.

Defendant's motion in limine to exclude Mr. DeClark's expert report, appendix, and testimony is hereby DENIED. The objections raised by defendant with respect to this evidence are relevant to the weight of the evidence, not its admissibility; and

3.

The court will elaborate on its rationale for its decision during the March 15, 2011, pre-trial conference.

IT IS SO ORDERED.

s/Francis M. Allegra Francis M. Allegra Judge

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