McSwiggin et al v. Omni Limousine

Filing 67

ORDER denying without prejudice 64 Motion to Strike. Signed by Magistrate Judge Nancy J. Koppe on 9/23/16. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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CHRISTY MCSWIGGIN, et al.,

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Plaintiff(s),
vs.
OMNI LIMOUSINE,
Defendant(s).

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Case No. 2:14-cv-02172-JCM-NJK
ORDER
(Docket No. 64)

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Pending before the Court is Defendant’s refiled motion to strike the opinions of

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Plaintiffs’ expert witness, James R. Toney, and request for a Daubert hearing. Docket No. 64.

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Defendant originally filed this motion on April 29, 2016. Docket No. 42. On July 25, 2016, the

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Court denied Defendant’s motion to strike as premature. Docket No. 62. The Court indicated

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that Defendant would be permitted to refile the motion to strike upon disposition of the motions

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at Docket Nos. 27, 35, and 36. Docket No. 62 at 2. To date, the Court has ruled upon the motion

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at Docket No. 27, but not the motions at Docket Nos. 35 and 36.

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Accordingly, Defendant’s refiled motion to strike, Docket No. 64, is DENIED without

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prejudice. Upon disposition of the motions at Docket Nos. 35 and 36, Defendant may refile its

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motion if it so chooses. Any refiled motion shall contain relevant updates to the cited facts

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and/or procedural history of the case, as well as all relevant authority.

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IT IS SO ORDERED.

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DATED: September 23, 2016

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge