Toffoloni v. LFP Publishing Group, LLC

Filing 119

MOTION to Strike Testimony of Gregory C. Lisby, or in the alternative, MOTION to Disqualify expert with Brief In Support by Maureen Toffoloni. (Attachments: # 1 Brief)(Decker, Richard) . Added MOTION to Disqualify expert on 7/28/2010 (cem).

Toffoloni v. LFP Publishing Group, LLC

Doc. 119

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA MAUREEN TOFFOLONI, as Administrarix and Personal Representative of the ESTATE OF NANCY E. BENOIT, Plaintiff, v. LFP PUBLISHING GROUP, LLC, d/b/a Hustler Magazine, MARK SAMANSKY, an Individual, and other distributors and sellers of, Hustler Magazine, as Defendants X, Y, and Z, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CIVIL ACTION FILE NO. 1:08-CV-0421-TWT

MOTION TO STRIKE TESTIMONY OF GREGORY C. LISBY, OR IN THE ALTERNATIVE, TO DISQUALIFY EXPERT COMES NOW, Plaintiff, Maureen Toffoloni, as Administratrix and Personal Representative of the Estate of Nancy E. Benoit ("Plaintiff"), through counsel, and files this her Motion to Strike Testimony of Gregory C. Lisby, Ph.D., J.D., or in the Alternative, to Disqualify Expert with this Court as follows: Pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, a party may move to strike "any redundant, immaterial, impertinent, or scandalous matter."
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Dockets.Justia.com

In this case, the expert report submitted by Gregory C. Lisby, Ph.D., J.D. on behalf of Defendant LFP Publishing Group, LLC ("Defendant") is wholly irrelevant to the matter left to be decided in this case, namely, the damages incurred by Plaintiff through Defendant's unlawful publication of nude photographs of Nancy Benoit. As such, it is redundant, immaterial and impertinent to the matter at hand, and should therefore be stricken. In the alternative, Plaintiff seeks to disqualify Dr. Lisby as an expert under Federal Rule of Evidence 702 and the standard espoused in Daubert v. Merrell Dow Pharms., Inc. 509 U.S. 579 (1993). Dr. Lisby does not use objective data or repeatable scientific methods in his report, and reached the conclusions therein based upon his own assumptions and the assumptions of others cited in his report. In support of her Motion to Strike, or in the Alternative to Disqualify, Plaintiff files her Brief in Support of Motion to Strike, or in the Alternative to Disqualify Expert, submitted contemporaneously herewith.

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Respectfully submitted July 27, 2010.

/s/ Richard P. Decker RICHARD P. DECKER State Bar of Georgia #215600 F. Edwin Hallman, Jr. State Bar of Georgia #319800 For HALLMAN & WINGATE, LLC Attorneys for Plaintiff 166 Anderson Street, S.E. Suite 210 Marietta, Georgia 30060 [phone]

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