Wagner v. City of Omaha, et al
Filing
172
ORDER granting 151 defendants' Motion to Quash and Notice of Service of Objections to Subpoenas Served on Dr. Joel Cotton and Bruce Siddle (Filing No. 151) to the extent the March 2014 subpoenas are considered quashed, without prejudice. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT WAGNER,
Plaintiff,
8:12CV392
vs.
ORDER
CITY OF OMAHA, et al.,
Defendants.
This matter is before the court on the defendants’ Motion to Quash and Notice of
Service of Objections to Subpoenas Served on Dr. Joel Cotton and Bruce Siddle (Filing
No. 151). In March, the plaintiff served subpoenas for documents and depositions on
two of the defendants’ expert witnesses. See Filing No. 153 - Exs. 4-5. Thereafter, the
plaintiff filed separate motions in limine related to Dr. Cotton and Mr. Siddle, arguing
these witnesses should not be allowed to testify at trial and their opinions barred under
Federal Rules of Evidence 402, 403, 702, and Daubert v. Merrell Dow Pharms., Inc.,
509 U.S. 579 (1993).
See Filing Nos. 143 and 154.
Although the parties have
concluded briefing on the defendants’ motion to quash, they agree the issues raised in
the motion may become moot upon resolution of the plaintiff’s motions in limine. See
Filing No. 157 - Brief p. 11-12; Filing No. 160 - Reply p. 7-8. Additionally, the plaintiff
agreed to reschedule the depositions to mutually agreed dates and times. See Filing
No. 157 - Brief p. 11. Accordingly, the court will quash the March 2014 subpoenas to
allow the parties an opportunity to reschedule the depositions, as necessary after
determination of the plaintiff’s motions in limine. The court will not offer an advisory
opinion regarding the other issues raised in the motion to quash, however the parties’
briefs suggest they may be able to resolve many of the issues themselves. In the event
consensus is unattainable, the parties may file the appropriate motions with more
thorough briefing on the remaining discrete issues.
IT IS ORDERED:
The defendants’ Motion to Quash and Notice of Service of Objections to
Subpoenas Served on Dr. Joel Cotton and Bruce Siddle (Filing No. 151) is granted to
the extent the March 2014 subpoenas are considered quashed, without prejudice.
Dated this 14th day of April, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge
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