Wise v. Southern Tier Express, Inc.

Filing 124

ORDER Denying without prejudice Plaintiff's 89 Motion in Limine No. 10 (Duplicitous Experts). Signed by Judge Andrew P. Gordon on 7/10/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 *** 4 RODERICK WISE, an individual, 5 6 7 8 9 Plaintiff, v. SOUTHERN TIER EXPRESS, INC., a New York corporation; DOES I through X; and ROE CORPORATIONS I through X, inclusive, ORDER DENYING MOTION IN LIMINE NO. 10 (DUPLICITOUS EXPERTS) (ECF No. 89) Defendants. 10 11 Case No. 2:15-cv-01219-APG-PAL Plaintiff Roderick Wise moves to prohibit defendant Southern Tier from offering 12 testimony from both Dr. Selznick and Dr. Forage, alleging that their areas of testimony are 13 overlapping and redundant. ECF No. 89. Southern Tier points out that the two doctors have 14 different disciplines (orthopedic surgery and neurosurgery), and that Dr. Forage was added only 15 after Wise brought Dr. Gross into the case. ECF No. 104. At this stage I cannot determine 16 whether the testimony of the doctors will be duplicative. Thus, I will deny the motion without 17 prejudice. However, all parties are warned that duplicative testimony will not be allowed at trial. 18 The parties are to streamline their trial presentations to avoid redundancy, especially regarding 19 expert testimony. 20 21 22 23 24 25 26 27 28 Therefore, Wise’s motion in limine (ECF No. 89) is DENIED WITHOUT PREJUDICE. DATED this 10th day of July, 2017. ANDREW P. GORDON UNITED STATES DISTRICT JUDGE

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