Escobar v. European Aeronautic Defence and Space Company et al

Filing 317

ORDER GRANTING DEFENDANT'S MOTION IN LIMINE NO. 7 TO EXCLUDE PLAINTIFF'S EXPERT REPORTS, AFFIDAVITS, OR DEPOSITIONS IN LIEU OF LIVE TESTIMONY (ECF No. 228 ). Signed by U.S. DISTRICT JUDGE HELEN GILLMOR on 10/4/2016. (afc)< hr>CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). All participants are registered to receive electronic notifications.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
VIOLETA ESCOBAR, also known as
VIOLETA ESCOBAR CLINE,
Individually and as Personal
Representative for the ESTATE
OF NATHAN CLINE, Deceased,

)
)
)
)
)
)
Plaintiff,
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)
vs.
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)
AIRBUS HELICOPTERS SAS,
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)
)
Defendant.
_______________________________ )

Civil No. 13-00598 HG-RLP

ORDER GRANTING DEFENDANT’S MOTION IN LIMINE NO. 7 TO EXCLUDE
PLAINTIFF’S EXPERT REPORTS, AFFIDAVITS, OR DEPOSITIONS IN LIEU OF
LIVE TESTIMONY (ECF No. 228)

I.

Defendant’s Motion in Limine No. 7 (ECF No. 228)
Defendant’s Motion No. 7 was filed on September 13, 2016.

(ECF No. 228).

Defendant’s Motion seeks to prevent Plaintiff

from presenting expert testimony through reports, affidavits, or
depositions in lieu of live testimony.

Defendant also seeks to

exclude all of Plaintiff’s expert reports as inadmissible hearsay
pursuant to Fed. R. Evid. 801 and 802.
Plaintiff filed an Opposition to Defendant’s Motion on
September 20, 2016.

(ECF No. 253).

Plaintiff does not oppose

Defendant’s Motion as to the presentation of live witnesses,
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because Plaintiff states that she intends to call all of her
expert witnesses live at trial.

Plaintiff states that she does

not seek to introduce her expert reports, affidavits, or
depositions in lieu of live testimony.

Plaintiff opposes

Defendant’s Motion to the extent it seeks to preclude all of her
expert reports as such a motion is premature.
II.

Defendant’s Motion to Preclude the Admissibility of
Plaintiff’s Expert Reports Based on Hearsay is Granted
Federal Rule Evidence 801(c) provides that hearsay is a

statement, other than one made by the declarant while testifying
at the trial, offered in evidence to prove the truth of the
matter asserted.

Fed. R. Evid. 801(c).

Hearsay is inadmissible unless it falls into one of the
established exceptions to the hearsay rule.

Fed. R. Evid. 802.

Expert reports are generally inadmissible as hearsay but may
be admissible as one of the exceptions to hearsay.

Hunt v. City

of Portland, 599 Fed. Appx. 620, 621 (9th Cir. 2013); Durham v.
Cnty. of Maui, 804 F.Supp.2d 1068, 1070 (D. Haw. 2011); Marceau
v. Int’l Broth. Of Elec. Workers, 618 F.Supp.2d 1127, 1142-43 (D.
Ariz. 2009); Alexie v. United States, 2009 WL 160354, *1 (D.
Alaska Jan. 21, 2009).
The burden is on the proponent to provide the basis of an
exception to exclusion as hearsay.
Defendant’s Motion in Limine No. 7 is GRANTED.
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Plaintiff is precluded from presenting expert testimony
through reports, affidavits, or depositions in lieu of live
testimony as agreed upon by the Parties.
Expert reports are hearsay and not admissible unless the
proponent is able to provide a basis for an exception to the
hearsay rule.
CONCLUSION
Defendant’s Motion in Limine No. 7 is GRANTED.

IT IS SO ORDERED.
Dated: October 4, 2016, Honolulu, Hawaii.

___________________________________
Helen Gillmor
United States District Judge

Violeta Escobar, also known as Violeta Escobar Cline,
Individually, and as Personal Representative for the Estate of
Nathan Cline, Deceased v. Airbus Helicopters SAS, Civil No. 1300598 HG-RLP; ORDER GRANTING DEFENDANT’S MOTION IN LIMINE NO. 7
TO EXCLUDE PLAINTIFF’S EXPERT REPORTS, AFFIDAVITS, OR DEPOSITIONS
IN LIEU OF LIVE TESTIMONY (ECF No. 228)
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