Hartzog v. Axxis Drilling, Inc.
Filing
72
ORDER & REASONS denying 57 Motion in Limine to Strike, Limit, or Exclude Kenneth Boudreaux and Nancy Favaloro. Signed by Judge Carl Barbier on 8/7/12. (sek, )
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
HARTZOG
CIVIL ACTION
VERSUS
NO: 11-1153
AXXIS DRILLING, INC.
SECTION: "J”(2)
ORDER AND REASONS
Before the Court are Plaintiff’s Motion In Limine to Strike,
Limit, or Exclude Kenneth Boudreaux and Nancy Favaloro (Rec. Doc.
57),
Defendant’s
opposition
to
same
(Rec.
Doc.
65),
and
Plaintiff’s reply thereto (Rec. Doc. 68). Upon review of the
record, the memoranda of counsel, and the applicable law, this
Court now finds, for the reasons set forth below, that this
motion should be DENIED.
The purpose of Daubert is "to ensure that only reliable and
relevant expert testimony is presented to the jury." Rushing v.
Kansas City Southern Ry. Co., 185 F.3d 496, 506 (5th Cir. 1999)
(superseded by rule on other grounds), citing Daubert v. Merrell
Dow Pharmaceuticals, Inc., 509 U.S. 579, 590-93 (1993). Thus,
"[m]ost of the safeguards provided for in Daubert are not as
essential in a case such as this where a district judge sits as
the trier of fact in place of a jury." Gibbs v. Gibbs, 210 F.3d
491,
500
(5th
Cir.
2000).
“Daubert
requires
a
binary
choice--admit or exclude--and a judge in a bench trial should
have discretion to admit questionable technical evidence, though
of course he must not give it more weight than it deserves."
SmithKline Beecham Corp. v. Apotex Corp., 247 F. Supp. 2d 1011,
1042 (N.D. Ill. 2003).
Given that this case is a bench trial, and thus that the
objectives of Daubert, upon which this motion is premised, are no
longer implicated, the Court finds that the motion in limine to
exclude expert testimony should be denied at this time. Following
the introduction of the alleged expert testimony at trial, the
Court will either exclude it at that point, or give it whatever
weight it deserves.
Accordingly, IT IS ORDERED that Plaintiff’s motion should be
and is hereby DENIED.
New Orleans, Louisiana this 7th day of August, 2012.
____________________________
CARL J. BARBIER
UNITED STATES DISTRICT JUDGE
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