Walters et al v. Flint et al

Filing 580

OPINION AND ORDER denying as moot 501 Motion in Limine. Signed by District Judge Judith E. Levy. (WBar)

Case 5:17-cv-10164-JEL-KGA ECF No. 580, PageID.42538 Filed 01/05/22 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases

Judith E. Levy
United States District Judge

__________________________________/

This Order Relates To:

Bellwether I Cases
Case No. 17-10164
__________________________________/
OPINION AND ORDER DENYING AS MOOT DEFENDANTS
VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA,
INC., AND VEOLIA WATER NORTH AMERICA OPERATING
SERVICES, LLC’S MOTION IN LIMINE TO EXCLUDE
OPINIONS OF MIRA KRISHNAN [501]
Before the Court is one of thirteen motions in limine filed by Veolia
North America, LLC, Veolia North America, Inc., and Veolia Water
North America Operating Services, LLC’s (collectively “VNA”) in
anticipation of the first Flint Water bellwether trial. This motion seeks

Case 5:17-cv-10164-JEL-KGA ECF No. 580, PageID.42539 Filed 01/05/22 Page 2 of 3

to exclude the causation opinions offered by Dr. Mira Krishnan,
Plaintiffs’ expert psychologist.
Motions in limine “are meant to deal with discrete evidentiary
issues related to trial.” Dunn ex. rel. Alberry v. State Farm Mut. Auto Ins.
Co., 246 F.R.D. 266, 274-75 (E.D. Mich. 2009) (collecting cases). This
motion does not do so. As VNA acknowledges,1 Plaintiffs have repeatedly
and unambiguously withdrawn Dr. Krishnan’s causation testimony.
In limine motion practice without any relevance to evidentiary
issues in controversy borders on the frivolous. There is clearly no need to
litigate the admissibility of testimony that all parties agree will not be
presented at trial. Accordingly, VNA’s motion to exclude Dr. Krishnan’s
causation testimony is DENIED AS MOOT.
IT IS SO ORDERED,
Dated: January 5, 2022
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

1

See ECF No. 501, PageID.37560 (VNA’s motion) (“Throughout the discovery process, Plaintiffs have represented
to the Court and VNA that they would not rely upon Dr. Krishnan’s causation opinions.”)

2

Case 5:17-cv-10164-JEL-KGA ECF No. 580, PageID.42540 Filed 01/05/22 Page 3 of 3

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on January 5, 2022.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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