Dillon Auto Sales, Inc v. Troutner

Filing 107

MEMORANDUM AND ORDER that Filing No. 75 , Defendant's motion to exclude expert testimony of Robert Aucone, is denied. Filing No. 78 , Defendant's motion to seal Exhibits B and C attached to the Declaration of Raymond Aranza (Filing No. 77 ) is granted pursuant to Nebraska Civil Rule 7.5. Ordered by Senior Judge Richard G. Kopf. (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DILLON AUTO SALES, INC.,
Plaintiff,
v.
TERRY L. TROUTNER,
Defendant.

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4:14CV104

MEMORANDUM
AND ORDER

The defendant, Terry L. Troutner (“Troutner”), has filed a Daubert motion1
to exclude the expert witness testimony of Robert R. Aucone, a certified public
accountant retained by the plaintiff, Dillon Auto Sales, Inc. (“Dillon Auto”). The
motion will be denied.2
Dillon Auto alleges, among other things, that Troutner, who was previously
employed as its general manager, used a company credit card for personal purposes,
failed to account for and repay loans, stole money and vehicles, and received bonuses
and other compensation to which he was not entitled by making inaccurate inventory
write-downs. These various financial dealings appear to be proper subjects for expert
testimony by a certified public accountant, which testimony will assist the trier of fact
in understanding the business principles involved and in calculating any damages. See
Fed. R. Evid. 702. At this time, therefore, the court declines to exclude Mr. Acucone’s
expert testimony.
Accordingly,
1

See Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993).

An accompanying motion to seal exhibits submitted in support of the Daubert
motion will be granted.
2

IT IS ORDERED:
1.

Filing No. 75, Defendant’s motion to exclude expert testimony of Robert
Aucone, is denied.

2.

Filing No. 78, Defendant’s motion to seal Exhibits B and C attached to
the Declaration of Raymond Aranza (Filing No. 77) is granted pursuant
to Nebraska Civil Rule 7.5.

DATED this 21st day of January, 2016.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District
of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The
court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases
to work or directs the user to some other site does not affect the opinion of the court.

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