MARCUS v. BMW OF NORTH AMERICA, LLC et al

Filing 231

ORDER granting in part and denying in part 144 Motion to Certify Class; denying 198 Motion in Limine; denying 207 Motion. Signed by Judge Katharine S. Hayden on 11/19/10. (rg, )

NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

JEFFREY MARCUS, Individually and on Behalf of All Others Similarly Situated Plaintiff, v. BMW OF NORTH AMERICA, LLC, BRIDGESTONE FIRESTONE NORTH AMERICAN TIRE, LLC AND BRIDGESTONE CORPORATION Defendants. Civil Action No. 08-5859 (KSH)

ORDER

KATHARINE S. HAYDEN, U.S.D.J. The plaintiff, Jeffrey Marcus ("Marcus"), having moved to certify a national class under Counts 1 and 2 of the amended complaint [D.E. 26], and to certify a New Jersey sub-class under Counts 3 through 11 of the amended complaint [D.E.'s 26, 144], and to exclude the expert testimony of William D. Pettit [D.E. 198]; and the defendants--BMW of North America ("BMW"), Bridgestone Firestone North American Tire, LLC (now known as Bridgestone Americas Tire Operations, LLC, or "BATO"), and Bridgestone Corporation ("Bridgestone")-- having moved to exclude the expert testimony of Charles G. Gold [D.E. 207]; and the Court having heard oral argument and considered the parties' briefs; and for the reasons stated in the opinion filed herewith, IT IS this 19th day of November, 2010, hereby
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ORDERED that Marcus's motion to certify the national class [D.E. 144] is denied, and it is further ORDERED that Marcus's motion to certify the New Jersey sub-class [D.E. 144] is granted, and it is further ORDERED that Marcus's motion to exclude the expert testimony of William D. Pettit [D.E. 198] and the defendants' motion to exclude the expert testimony of Charles G. Gold [D.E. 207] are both denied.

/s/ Katharine S. Hayden Katharine S. Hayden, U.S.D.J.

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