SMITH v. JACOBS ENGINEERING GROUP INC

Filing 170

ORDER Adopting Report and Recommendations re 147 Report and Recommendation; Denying 127 Motion to Strike. Signed by SENIOR JUDGE WILLIAM STAFFORD on 09/09/08. (dlt)

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

LAURA L. SMITH, Plaintiff, v. JACOBS ENGINEERING GROUP, INC., Defendant. ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation (doc. 147) docketed April 14, 2008. The magistrate judge recommends that the court deny the plaintiff's motion (doc. 127) to strike the testimony of Dr. Michael Woodhouse under Daubert v. Merrell Dow Pharms., 509 U.S. 579 (1993). The parties have filed no objections to the report and recommendation.1 The court having reviewed the report and recommendation, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 147) is ADOPTED and incorporated by reference into this order. 2. The plaintiff's motion (doc. 127) to strike the testimony of Dr. Woodhouse on the basis of Daubert is DENIED. 4:06cv496-WS

The plaintiff filed the affidavit of a previously undisclosed witness, Dr. Michael D. Freeman, in response to the report and recommendation. Upon unopposed motion of the defendant, Dr. Freeman's affidavit was struck from the record.

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DONE AND ORDERED this

9th

day of

September

, 2008.

s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE