Applied Underwriters v. A & I Steel Fabricators, Inc. et al

Filing 96

ORDER denying 76 motion in limine to exclude expert testimony of Bernd G. Heinze. Ordered by Senior Judge Lyle E. Strom. (JDR)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA APPLIED UNDERWRITERS, INC., a Nebraska corporation, and APPLIED UNDERWRITERS CAPTIVE RISK ASSURANCE COMPANY, INC., ) ) ) ) ) Plaintiffs, ) ) v. ) ) A&I STEEL FABRICATORS, INC., ) a California corporation, and ) ABLE IRON WORKS, INC., ) ) Defendants. ) ______________________________) 8:13CV25 ORDER This matter is before the Court on the defendants’ motion (Filing No. 76) to exclude the expert testimony of Bernd G. Heinze, Esquire, at bench trial. The defendants have filed a brief (Filing No. 77) and index of evidence (Filing No. 78) to support their motion. brief (Filing No. 82). In opposition, the plaintiffs have filed a Upon review of federal law, the briefs, and indices of evidence, the Court finds that Mr. Heinze’s testimony will aid the Court in determining this case at trial. Accordingly, IT IS ORDERED that defendants’ motion is denied. DATED this 1st day of May, 2014. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court -2-

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