Benoit v. Westport Insurance Corp et al

Filing 77

JUDGMENT ADOPTING 75 Report and Recommendations in re: 38 Motion in Limine filed by defendants and 39 Daubert Motion filed by Anita Benoit. ORDERED 38 Motion in Limine is GRANTED as to any evidence referenced in the Report and Recommendations. ORDERED 39 Daubert Motion is GRANTED IN PART. Any additional issues regarding the testimony of experts may be raised by telephone status conference with the undersigned before trial. Signed by Judge Dee D Drell on 09/15/2009. (crt,Leleux, M)

UNITED STATES DISTRICT

COURT

`ERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

ANITA DENOIT, Plaintiff VERSUS WESTPORT INSURANCE CORP., et al., Defendants

CIVIL ACTION NO. CVO7-llO9-A

JUDGE DEE D. DRELL MAGISTRATE JUDGE JAMES D.

KIRK

JUDGMENT For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after

independent (de novo) review of the record including the objections filed herein, and having determined that the findings and

recommendation are partially correct under the applicable law; IT IS ORDERED that Plaintiff's motion to exclude the testimony of Mr. Tekell (Doc. #39)is GRANTED as to any evidence referenced in Mr. Tekell is not, however, barred

the Report and Recommendation.

from testifying entirely, provided the proposed testimony has been properly disclosed in accordance with the Scheduling Order. IT IS FURTHER ORDERED that Defendants' motion to exclude the testimony of Mr. Hebert (Doc. #38) is GRANTED IN PART. Mr. Hebert

will only be allowed to testify as to Plaintiff's loss of earning capacity history. based upon a wage scale proven by Plaintiff's work

Re may also be asked to calculate what amounts result if have

Plaintiff establishes that she would, more likely than not, received promotions.

Any additional issues regarding the testimony of these experts may be raised by telephone status conference with the undersigned before trial. THUS ORDERED AND~GNED Louisiana, on this /lSday in~ambers at
________________

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,

2009.

DEE D. DRELL UNITED STATES DISTRICT JUDGE