Dye v. BNSF Railway Company

Filing 50

ORDER granting 37 Motion to Exclude the Testimony of Dr. Smelko. Signed by Magistrate Judge Carolyn S Ostby on 1/14/2016. (JDR, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
S. Dye,

CV-14-150-BLG-CSO
Plaintiff,
ORDER GRANTING BNSF’S
MOTION TO EXCLUDE
TESTIMONY OF DR. SMELKO

vs.
BNSF RAILWAY COMPANY, a
Delaware Corporation,
Defendant.

Defendant BNSF Railway Company (“BNSF”) filed a motion to
exclude the testimony of Plaintiff S. Dye’s (“Dye”) rebuttal expert
witness, Dr. Bowman Smelko, under Fed. R. Civ. P. 37(c). BNSF’s Mtn.
to Exclude (ECF No. 37). In her response, Dye does not substantively
object to the motion and affirmatively “withdraws Dr. Smelko as her
rebuttal expert witness.” Dye’s Resp. Br. (ECF No. 44 at 2).
Although counsel for the parties disagree about the content and
scope of their communications, such disagreements are not directly
pertinent to the disposition of this pending motion. Dye has not
explained her apparent failure to make required expert disclosures and
has withdrawn Dr. Smelko as a witness.

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Accordingly, IT IS ORDERED that BNSF’s motion to exclude the
testimony of Dr. Smelko (ECF No. 37) is GRANTED. The Court will
address other pending motions in subsequent orders.
DATED this 14th day of January, 2016.
/s/ Carolyn S. Ostby
United States Magistrate Judge

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